When two people share children and are ending their marriage or domestic partnership, they need to agree on how to raise their children as two separate units. If they cannot reach and maintain a compromise on their own, California law can step in with a child custody order.
As a court order, the child custody agreement is legally binding. Both parents must honor it and consent to any changes. Even if one parent isn’t observing the custody order as they should, that doesn’t give the other parent freedom to also violate the agreement.
Of course, a custody order violation isn’t something any parent simply has to accept. California law provides ways to address such an issue, but it’s important to do so through the proper channels, rather than taking matters into your own hands.
Even when you’re acting in what you believe is your child’s best interest, violation of court order child custody in California can impact your case in the long term.
Let’s unpack what happens when a parent violates a child custody order in California, and the best ways to ensure your rights and your child’s wellbeing are protected. We’ll also explore how a family law attorney can support you during this difficult time.
Determine the Severity of the Custody Order Breach
Life isn’t always predictable or moving according to our plans. Every parent, at one point or another, is going to wind up in a situation that makes it impossible to perfectly observe a custody agreement. It’s when that lack of observance is repeated or malicious that the other parent needs to act.
For example, a parent being 15 minutes late to pick up their child because of poor road conditions or a long doctor’s appointment isn’t committing a severe breach of their custody order. Two adults should be able to work things out when occasional scheduling issues happen.
While custody order violation might begin with innocent scheduling issues and other complications, more severe cases can include late child support payments, preventing phone calls to the other parent, and even withholding custody or taking the child out of the state.
In order to fight back against a violation of court order child custody in California, you’ll need to determine how severe the custody breach is. Serious enough breaches may call for you to begin contempt of court proceedings.
A person is in contempt of court when they are beholden to a court order and willfully violate its terms. In the case of child custody orders, the common violations involve inhibiting communication, visitation, and financial support.
Interference with Communication
A healthy parent-child relationship requires communication. Often, parents who have minimal or no custodial rights are still entitled to regular communications, such as weekly phone calls or video chats.
The other parent is not allowed to prevent or interfere with that right to communication and how it’s outlined in the custody order. Even if they believe the other parent displays concerning behavior or says things they don’t think are good for the child, the solution is not violating the law.
One way a parent might breach this part of the custody order is repeatedly being unavailable at set phone call times, or withholding the necessary technology for a video call.
Preventing Visitation Rights
Again, parents often have visitation rights even when they don’t carry the bulk of parenting responsibility. It’s important for parents and children to have this time together if they hope to maintain a relationship.
Another parent may try to prevent these visitations if they don’t want that relationship to continue for some reason. Other times they do it to punish the other parent for not paying child support.
California law provides channels for resolving these issues, but preventing visitations is not one of them.
Failure to Pay Child Support
Not paying child support is serious. In some cases, parents have true financial hardship and can work things out with the other parent for a period. However, simply not paying, or withholding payment as a punishment, is unacceptable.
Not only do late or non existent payments violate a court order–they potentially cost the child basic needs like food and shelter. No matter the situation between the adults, children should not have to suffer because of their parents’ disagreements.
This sort of violation of court ordered child custody in California can lead to wage garnishment, asset seizure, and contempt of court proceedings.
Contact a lawyer, call 888-273-7939
Potential Consequences for Contempt of Court in Family Law
If one parent beholden to a child custody order breaches that agreement, they can face legal consequences. The other parent has options for protecting themselves and their children, as long as they don’t also commit a custody order violation.
After determining the severity of the breach, the non-violating parent can:
- File contempt of court charges, which often leads to an investigation.
- Contact police or child abduction units.
- Seek changes in the custody agreement.
The violating parent could face consequences, depending on court findings, such as:
- Wage garnishment or asset seizure.
- Changes to the custody agreement.
- Jail time.
In extreme cases, a parent may be forced into custody order violation because of an immediate threat to the child.
For example, if the other parent is known to be abusive or keep illegal items in their home, you cannot be expected to send your child into danger. However, you must immediately inform the court of the threat to avoid facing consequences yourself.
For parents with strong reasons to doubt their child’s safety with the other parent, “no contact” laws are a possibility to discuss with a family law attorney and the court.
Envision Family Law Is on Your Side
Nothing is more stressful than a co-parent who won’t observe the custody agreement, or worse, threatens your child’s safety with their behavior.
Our child custody attorneys have the knowledge and experience to guide you through a custody order violation and the resulting court proceedings. We will treat your family with compassion and exercise respect and discretion when it comes to your children.
To get started, call or text 888-211-7814 or use the simple contact form on our site. It will be our honor to represent you.
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