When Your Co-Parent Ignores Custody Orders

A custody violation happens when one parent doesn’t follow the terms of a court-ordered possession schedule or conservatorship arrangement. The most common violations are refusing to return a child after scheduled visitation, showing up late for exchanges consistently, and denying court-ordered access altogether. More serious violations involve keeping the child well beyond the scheduled time, interfering with communication during your parenting time, or making major decisions alone when the order requires joint decision-making.

Your First Steps After A Violation

Document everything. Record dates, times, and specific details of each violation. Save text messages and emails. Keep any communication showing the other parent’s refusal to comply. If they don’t show up for an exchange, take photos of yourself at the location with a timestamp. Try communicating in writing first. Send a clear, factual message that notes the violation and requests compliance with the order. Keep it professional and focused on your child’s best interests. You’re creating a paper trail you might need later. If the other parent continues violating the order, contact an Austin Child Custody Lawyer to discuss enforcement options. Time matters here. Repeated violations can sometimes work against you if you wait too long to take action.

Filing An Enforcement Action

Texas family courts take custody violations seriously. You can file a motion for enforcement asking the court to compel the other parent to follow the existing order. The court has several tools available to address noncompliance. The enforcement process requires you to prove the violation occurred and that the other parent acted willfully. Your documentation becomes essential evidence at this point. The court will schedule a hearing where both parents present their positions.

Contempt Of Court Proceedings

When violations are willful and repeated, the court may find the violating parent in contempt. Contempt isn’t just a slap on the wrist. It carries real consequences:

• Fines paid to you or the court
• Payment of your attorney fees
• Community service requirements
• Jail time in serious cases
• Modified custody arrangements

According to the Texas Family Code Section 157.166, a parent found in contempt may face confinement for up to six months and fines up to $500 for each violation. That’s per violation, not total.

Other Enforcement Remedies

Courts can order makeup time with your child to compensate for missed visits. The violating parent may have to cover your costs for filing the enforcement action. In some situations, the court might modify the existing custody order if violations demonstrate that the current arrangement no longer serves your child’s best interests. That’s a significant change, but it happens when one parent repeatedly refuses to cooperate. The court can also impose additional conditions on the violating parent’s possession time. This might include supervised visitation or requiring them to post a bond to guarantee future compliance.

When To Seek Emergency Relief

Some violations can’t wait for a standard hearing. If the other parent has taken your child and you believe they pose a danger or plan to flee the jurisdiction, you need emergency orders. Child safety concerns or credible threats to leave Texas with your child warrant urgent legal action. Emergency relief typically involves filing for temporary restraining orders or seeking law enforcement assistance when appropriate. An Austin Child Custody Lawyer can help you determine if your situation qualifies for emergency court intervention.

Protecting Your Rights Going Forward

Custody enforcement cases require careful attention to procedural requirements and evidence presentation. At Gray Becker, P.C., we help parents hold their co-parents accountable when court orders are ignored. If you’re facing ongoing custody violations, reach out to discuss your enforcement options and protect your relationship with your child.