What To Do When the Other Parent Breaks a Custody Agreement

If you have children with an ex-spouse or an ex-partner, the courts may issue a custody agreement. Both parents have to follow the order’s terms. When one person deviates from the agreement without the other parent’s consent, it can create complex, stressful situations.

Knowing what to do when the other parent breaches a custody agreement will help you resolve the issue while protecting your interests and those of your children. Lincoln & Wenk is a family and divorce law firm serving clients in Arizona, so we understand how challenging it can be to navigate custody agreement violations. Our post below outlines key steps to follow if you experience an issue with your co-parent regarding a parenting agreement.

Common Child Custody Agreement Violations

The terms of parenting agreements vary from case to case. No matter what the conditions are, however, you and the co-parent must follow them. Modifications are permissible if you both consent to the changes.

Typical child custody violations include the following:

• Communication interference: This violation occurs when one parent prevents the other from communicating with the child. An example would be not letting the child talk to their other parent during designated visitation or phone call times.
• Visitation denial: Courts sometimes outline specific visitation days and times. However, a parent could still violate the order by preventing the child from meeting with the other parent on those dates.
• Relocation: In many cases, the child must live in an area that is accessible to both parents. If a parent moves with the child without the consent of the other parent, it may result in a violation of the custody agreement.
• Failure to return the child: If the child goes with your co-parent, they must return them to your care when their visitation ends.
• Custody schedule changes: While parents may need to adjust their custody schedules due to life events or unique circumstances, the other parent must agree to the changes. Otherwise, the change could trigger a violation of the original order.

These are not the only child custody violations. Generally speaking, failure to follow any of the rules, including those for child drop-offs, pick-ups, and transportation, could be a problem.

However, a parent’s failure to visit, call, or otherwise engage meaningfully with their children is not a custody violation. The court cannot force visitations upon parents. However, they may reduce the parents’ visitation time until their consistency improves.

Personal and Legal Remedies To Consider If Your Co-Parent Disobeys a Custody Agreement

Do you know what to do when the other parent breaks a custody agreement? Follow these steps to either improve the situation or change it to benefit the child.

Document All Court Order Violations

The first thing to do if your co-parent breaks a custody agreement is to document it. If the situation goes back to the judge for court enforcement, you will need to prove that the other party violated the parenting plan.

Your records should include the following information:

• The date and time the parent dropped off and picked up the child
• Whether they were on time, late, or failed to show up
• The other parent’s impact on you and your child
• Details to support your claims, including text messages, witness statements, voicemails, and emails

It may be helpful to document everything in a journal or calendar. These methods are convenient for keeping track of dates and details about child pick-ups and drop-offs.

You may also want to keep up with your co-parent’s social media activity. Their posts could help prove that they are violating the custody agreement. For instance, they may post about attending an event in another city during the time they were supposed to pick their child up for a visit.

Talk With Your Ex-Partner

Knowing what to do when the other parent breaks the custody agreement does not always require drastic actions. Sometimes, a simple conversation can pinpoint the root of the problem.

When the violation first occurs, take a moment to initiate a civil conversation with your former partner. Alert them to what they did or did not do in accordance with the parenting agreement and express how it affected your child. The problem could be due to a misunderstanding, a miscommunication, or another easily resolvable situation.

Always be respectful. However, make it clear that if the child custody violations continue, you will take action.

Have Your Attorney Write a Formal Letter to Your Co-Parent

Unfortunately, co-parenting can be contentious, so a conversation may not be enough to enforce a parenting agreement without the intervention of a third party. If your ex-partner continues creating issues with the custody agreement, contact your attorney. They can draft a formal letter to your co-parent or their attorney explaining the increased risk of legal action if they do not follow the custody agreement.

The letter could prompt your ex-partner to take the situation more seriously, causing them to follow the terms of the agreement. It’s a simple yet effective step that could help you and your ex-partner resolve the problem without involving the courts.

Request Mediation Services

Another way to avoid going back to court is to request mediation. With mediation, you and your ex-partner can resolve your dispute in person or virtually with the assistance of a mediator.

The court that issues child custody orders in your area may also have a Family Service Office. If so, that department may provide mediation services for families. If not, your attorney may arrange a meeting with you, your co-parent, and their attorney to address ongoing custody issues.

Request a Formal Change to Your Parenting Plan

If mediation does not work, and your co-parent is ignoring the custody agreement’s terms, you may be able to request a custody agreement modification with the court. When people consider what to do when the other parent breaks a custody agreement, they often assume a formal change to their parenting plan is their only step. However, a custody modification typically occurs after the failure of other dispute resolutions.

To request a change in your parenting plan due to violations from the co-parent, you will have to prove a material change in circumstances. The court will initiate custodial modifications if the judge determines they are in the interests of the child.

Should you take this route to resolve continuous custody problems, it is a good idea to do so with the help of an experienced lawyer. The child custody attorneys at Lincoln & Wenk can help you explore your options if your co-parent ignores the custody agreement.

Contact the Local Police

Let’s say the violation involves the other parent not returning the child to your care at the predetermined time and place. In that case, you may call the police to report the violation. The authorities may even intervene, depending on the circumstances.

When you involve the police, you will likely have to provide proof of the custody, which could be a court order or a copy of your official parenting plan. In some cases, you may also have to provide evidence of what police consider “clear and present danger,” such as evidence of abuse or neglect.

After involving the police, you could file an enforcement petition with the local family court. The judge may order your ex-partner to follow the terms outlined in the custody agreement or face penalties.

Motion for Contempt of Court or File To Enforce Your Agreement

If all else fails, you may need to file a motion of contempt with the court against your co-parent. The petition will force the other parent to appear in court. They will have to explain to the judge why they knowingly ignored the custody agreement, despite being capable of following it.

To help your case, you must have detailed documentation about the breaches of the custody agreement. The court will require evidence, which the documentation will provide. It is not wise to file the motion for contempt unless you have it.

It is also a good idea to file the motion after consulting with your attorney. Some attorneys have concerns regarding the viability of civil contempt due to recent case law. Consulting with your attorney will put you in a more favorable position to compel the court to enforce the terms of your custodial agreement.

Turn to Lincoln & Wenk’s Family Law Attorneys for a Consultation

Dealing with an ex-partner who fails to follow an established child custody agreement is certainly frustrating. However, taking the appropriate actions, such as asking for a child custody modification and documenting every infraction against the agreement, can help resolve the issue.

Knowing what to do when the other parent breaks the custody agreement can be challenging. Our attorneys at Lincoln & Wenk have decades of combined experience handling cases involving divorce and child custody agreements in Phoenix, Peoria, and Goodyear, Arizona. We are passionate about helping families and will assist you in reinstating or establishing a custody agreement that works for you and your children.

To request a consultation with one of our attorneys at Lincoln & Wenk, call (623) 294-2464.