You have a court order. It says exactly when you’re supposed to see your kids. Your ex doesn’t care.
Maybe they cancel at the last minute with flimsy excuses. Maybe they don’t answer the door when you show up. Or maybe they’ve taken the children, and you have no idea where they are during what should be your weekend.
This happens more often than it should, and at Gray Becker, P.C., we’ve seen the damage it causes. Not just to you, but to your kids. The good news? Texas law doesn’t tolerate this behavior, and you have options.
Your Court Order Isn’t A Suggestion
When a judge signs off on a possession order in Texas, that document becomes legally binding. Whether you’re following a Standard Possession Order or something customized to fit your family’s needs, both parents must comply. Period.
Your ex doesn’t get to decide which parts of the order they’ll follow based on their mood that week. When they refuse to hand over the kids during your scheduled time, they’re violating a court order. That’s contempt, and courts take it seriously.
Start Building Your Case Right Now
You can’t walk into court and say, “Your Honor, my ex is difficult.” You need proof. Solid, documented evidence of every single violation.
Get a notebook or start a digital file. Each time your ex denies you access, write down what happened:
- The exact date and time you were supposed to pick up the kids
- What your ex did (refused to answer calls, texted a cancellation, left town without notice)
- Screenshots of any messages or emails
- Names of anyone who witnessed the situation
Save everything. Every text where they make excuses. Every voicemail where they tell you it’s “not a good time.” Every email where they claim the kids don’t want to see you. These communications become your evidence.
Put Everything In Writing
Before each visit, send a quick message confirming your pickup time. “I’ll be there Friday at 6 p.m. to get the kids, per our court order.” You’re creating a paper trail. When your ex responds with objections or doesn’t respond at all, you’ve got documentation.
Co-parenting apps like OurFamilyWizard or TalkingParents work even better because they create permanent records that can’t be altered or deleted. Courts recognize these as reliable evidence. Your ex can’t claim they never got your message or that you’re misrepresenting what was said.
Filing An Enforcement Motion
There comes a point where you’ve had enough. When the violations keep happening and your relationship with your children is suffering because of it, you need to take legal action. An Austin child custody lawyer families trust can file a motion for enforcement.
This legal filing asks the judge to hold your ex accountable. And Texas courts have real teeth when it comes to enforcement. They can order several remedies:
- Make-up visitation time to compensate for what you lost
- Payment of your attorney fees by your ex
- Monetary fines for each violation
- Jail time for contempt in severe or repeated cases
- Modification of the entire custody arrangement
What The Judge Will Look At
One missed visit because your child had the flu? That’s understandable. Six missed visits with a different excuse each time? That’s a pattern, and judges recognize it for what it is.
Texas courts understand that children need both parents in their lives. When one parent systematically interferes with that relationship, it raises serious questions about their judgment and their commitment to the children’s well-being. We’ve seen cases where persistent visitation denial led to significant changes in custody arrangements.
The court won’t accept weak excuses. “The kids didn’t want to go” doesn’t cut it when your ex is supposed to encourage the relationship, not undermine it.
This Affects Your Kids More Than Anyone
Your children are watching all of this happen. When your ex keeps them from you, kids don’t always understand what’s really going on. They might think you don’t want to see them. They might feel torn between both parents. Some children start believing whatever negative things they’re told about the parent being denied access.
Don’t let this continue. You’re not taking legal action to be vindictive. You’re protecting your relationship with your children and their right to have both parents actively involved in their lives.
Getting Legal Help Matters
If your ex has violated your visitation rights even once, talk to an Austin child custody lawyer parents rely on. We’ll review what you’ve documented, explain what the Texas Family Code allows, and help you decide on the best approach. Sometimes you need emergency intervention. Other times, a strategic enforcement case built over several incidents makes more sense.