What to Do If Your Child’s Other Parent Is Not Following the Child Custody Order?

Once a child custody order has been entered by the court, it is legally binding upon both parents. Neither parent may take it upon themselves to make changes without the other parent’s consent — or approval from a judge. While it’s ideal for co-parents to work together to ensure the best interests of their child are met, disputes can sometimes arise. Importantly, if your child’s other parent is not following the child custody order, there are certain steps you can take to help ensure they comply.

What is a Child Custody Order Violation?

A child custody order violation arises when one parent fails to follow the terms specified in the custody agreement. There are a wide range of child custody order violations that can occur, including the following:

• Denying visitation
• Relocating without permission from the court or the other parent
• Interfering with communication between the child and the other parent
• Taking the child out of the state without permission
• Not following the custody schedule
• Engaging in activities that put the child at risk of harm
• Failing to return a child on time repeatedly
• Making disparaging remarks about the other parent

Custody violations can also occur even if visitation isn’t outrightly denied. If the violating parent somehow interfered with custody, such as by consistently making medical appointments for the child during the other parent’s parenting time, this may also constitute a violation.

What Steps Should You Take if the Other Parent Violates the Custody Order?

If your child’s other parent is not following the child custody order, be sure to document each incident or violation. Retain records of time-stamped communications and any evidence that will support your claim. In addition, keep a detailed log of every missed visit and instances where the other parent ignored the communication guidelines. Documentation is crucial if you are pursuing a legal remedy in court.

Depending on the facts of the violation, other evidence in a child custody dispute can include:

• E-mails
• Text messages
• Communications in parenting apps that show non-compliance
• Witness statements
• Financial documents
• Photographs and videos
• Medical records
• School records
• Social media posts

The best interests of your child are first and foremost — it’s essential to document how the custody order violations impacted them. You should also collect any evidence of their physical and emotional state before, during, and after spending time with the other parent. Be careful, however, to respect the applicable state laws related to recording conversations as this is illegal in some states in some circumstances. You should consult an attorney if you have questions about this.

What Legal Remedies Are Available if the Other Parent is Not Following the Custody Order?

There are several legal remedies that may be available if the other parent is not following the child custody order. You may file a motion or petition in court to enforce it. Critically, in situations involving parental kidnapping — or where there is serious endangerment to the child’s safety or welfare — Maryland allows criminal charges to be brought and specialized orders from the court that protect against future kidnappings.

In the event there are repeated violations, you might consider filing a motion or petition to modify the order. In such cases, the court may change the original custody order to alter the custody arrangement or give more parenting time to the parent who did not violate the order. Depending on the severity of the violation, the court may also impose fines or sanctions — and hold the violating parent in contempt of court.

If you file a motion or petition to enforce or modify the custody order, it must be served on the other parent. This document serves as a formal notice to the other parent that an action has been filed. The other parent will then have the opportunity to respond in writing and appear in court to argue their position. After hearing both sides, evaluating evidence, and listening to witness testimony, the judge will determine whether a violation occurred and what remedy is appropriate.

Can a Child Custody Violation Be Resolved Out of Court?

If your child’s other parent is not following the custody order, there are alternatives to litigation that can help resolve the issue. Depending on each parent’s willingness to compromise and the terms of the parenting agreement and/or court order, mediation can be required before filing suit. Mediation is a useful tool to find solutions that work for the whole family. Mediation can allow parents to improve their communication and prioritize their child’s best interests — rather than focus on the dispute.

Mediation can help co-parents clarify why the violations occurred and understand how they impact the child. A neutral party, called a mediator, can assist the parents with finding possible solutions, such as making changes to the visitation schedule or clarifying the protocols for communication. Unlike litigation, where a judge decides the outcome, mediation empowers parents and allows them to have control over the outcome of their case.

Contact an Experienced Maryland Family Law Attorney

If your co-parent is not following the child custody order, it’s crucial to have a skillful family law attorney by your side who can help you navigate the legal process. At Strickler, Platnik & Hatfield, we are dedicated to helping our clients achieve positive outcomes in their custody matters and ensure the best interests of their children are met. To learn more about child custody in Maryland, contact Strickler, Platnick & Hatfield to schedule a consultation.