Kevin Qualls Family Law
Maintaining Professionalism. Preserving Civility. Finding Answers. Practical Guidance On Important Divorce And Custody Matters

Review of how to enforce a custody order

An Orange County parent who lives separately from his or her child's other parent will likely have some sort of custody arrangement in place with the other parent. Whether agreed to between the parents or made up entirely by the court, this arrangement ordinarily is enshrined in a written court order.

This order is only as good as it is enforceable. In other words, if one parent chooses to ignore it and do what he or she wants, the other parent has to know how to get action taken to enforce what is otherwise just a piece of paper.

The first step in doing so is to make sure that the order is clear and sufficiently detailed. It should, for example, explain exactly when each parent will be allowed to see the child and also lay out the details of the time, place and manner of drop-offs and the like. Orders that are not clear cannot be effectively enforced.

Beyond that, a California parent whose ex is not following a child custody and visitation order has a number of options. In some cases, law enforcement or local prosecutors can be of assistance, but this is not every case. Likewise, while there are options available in case of a cross-border custody dispute, the process can be complicated.

Many times, a parent will need to enforce the order by asking the court that entered it to hold the other parent in contempt or to impose other available penalties. A court may also be able to change the order so as to make sure that the offending parent does not continue to disrespect both the authority of the court and the rights of the other parent to have a relationship with his or her child.

No Comments

Leave a comment
Comment Information

Kevin Qualls Family Law
625 The City Drive South
Suite 470
Orange, CA 92868
Toll Free: 800-783-1934
Fax: 714-750-5983
Map and Directions