What To Do if Your Ex-Spouse Violates Family Court Orders

Once you finalize your divorce, the court will give its final orders to each party. For example, the court may give final orders on child custody and visitation, spousal, and child support. Below are steps to consider if your former partner violates or refuses to comply with their court orders.

Confirm Your Suspicions

First, review the court documents and confirm the other parent's actions. Otherwise, you might take action based on false accusations. False accusations can cost you money and sour your relationship with the other parent.

For example, you should scrutinize the permanent parenting plan if you suspect the other parent is guilty of child visitation interference. Confirm when each parent should have the child, visitation times and durations, and drop-off or pick-up points. You can even consult your lawyer for clarification. Compare the details with the other parent's actions.

Don't Retaliate

Never retaliate against the other parent even if you confirm they have violated court orders. For example, you should not extend your stay with the child if the other parent overstays their time with them. Following the court orders may give you an upper hand if the issue ends up in court.

Retaliation is also inadvisable since it might violate court orders, irrespective of the other parent's actions. In such a case, the other parent may also have a case against you, even as you have one against them. Not only that, but your actions might also trigger a chain of retaliatory events as each person tries to outdo the other.

Reach Out

You may reach out to the other parent once you have confirmed that they have violated the court orders. Reaching out and working out issues with the other parent is feasible if:

• You have a good relationship with them and can have a respectful discussion.
• They have not abused or threatened you in any way, and you don't fear for yourself when alone with them or conversing with them over the phone.
• They have violated the court orders for the first time.

Hopefully, they will be reasonable, and you will reach an amicable solution. Otherwise, other steps may be necessary.

Don't Enforce the Orders Personally

Do not try to enforce the custody orders unilaterally if you fail to reason with the other parent. For example:

• You should not forcefully take your child from the other parent's house if they overstay their parent time. You’ll not only break trespassing laws if you cross a boundary, but you may end up in a physical or verbal abuse situation that leaves one or more parties, including the child, psychologically or physically hurt.
• You should not break into your former spouse's house and take money or assets for child or spousal support. Your former spouse might press criminal charges against you.

Taking matters into your own hands, especially using force, is terrible for everyone. Only government agents acting within the law have the right to use force.

Preserve Evidence

Preserve all the evidence on your relationship with the other parent, your attempts to solve the issues, and their violation. For example, you should preserve your emails or text messages. Keep copies of alimony or child support checks, even if they fall short of the required amount. You need the evidence if you take the issue to court.

Contact the Court

Contact the court for help if all the above efforts fail. Depending on the violation, the court may:

• Hold the other parent in contempt of the court and confer relevant punishments, such as monetary fines, against them.
• Garnish the other parent's wages or put a lien on their assets and use the resources to pay child custody or alimony.
• Order government officials to enforce relevant orders, such as getting your former partner out of the house.

Consider using an attorney to help you gather evidence, vet potential witnesses, and advise you on what to do at every stage.

Cobb Law Group, LP, can help with family law issues. We pride ourselves on giving each client a personalized service because we understand that everyone, and every situation, is unique. Contact us for an initial consultation of your case.