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Violations of Child Custody Orders: The Remedies

By March 3, 2023Child Custody

A child custody order is a legally binding agreement that outlines the custody and visitation rights of each parent. When one parent violates a child custody order in California, it can be frustrating and overwhelming for the other parent. However, there are steps you can take to enforce the custody order and protect your rights.

Document the Violation

The first step in addressing a violation of a child custody order is to document the violation. This includes noting the date and time of the violation, what specific provisions of the order were violated, and any other relevant information.

Contact an Attorney

If the other parent is violating a child custody order, it’s important to seek the guidance of an experienced family law attorney. An attorney can help you understand your legal options and can help you take the necessary steps to enforce the order.

File a Motion

One option for enforcing a child custody order in California is to file a motion with the court. This can include a motion for contempt, which asks the court to hold the other parent in contempt of court for violating the order. A contempt order can result in fines or even jail time for the violating parent.

Modify the Order

If the other parent is consistently violating the child custody order, you may also consider seeking a modification of the order. This can include changing the custody and visitation schedule and produce orders to prevent future violations.

To modify the order, you will need to file a request with the court and demonstrate that there has been a significant change in circumstances since the original order was issued.

Seek a Restraining Order

In some cases, a parent may need to seek a restraining order to protect themselves or their child from the other parent. This may be necessary if the other parent is engaging in behavior that is harmful or abusive. A restraining order can prohibit the violating parent from coming near you or your child and can result in penalties for any violations.

In conclusion, if a parent is violating a child custody order in California, it’s important to take action to protect your rights and the well-being of your child. By documenting the violation, seeking the guidance of an experienced family law attorney, and taking the necessary legal steps, you can enforce the custody order and ensure that your child’s best interests are protected

Arlene D. Kock

Author Arlene D. Kock

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