What Happens if My Ex Refuses to Follow Custody Orders in San Bernardino?

Enforcing Child Custody Orders and Protecting Your Rights

When a court order is issued regarding child custody in San Bernardino, both parents are legally required to follow it. If your ex spouse refuses to comply with a custody order, it can create stress, disrupt your child’s routine, and negatively impact your parental rights. Fortunately, California law provides legal remedies to enforce custody and visitation agreements.

If you are dealing with an ex spouse who is violating a custody order, you have options, including filing a motion with family court, requesting enforcement actions, or, in severe cases, seeking criminal penalties. Below, we explain what steps you can take when the other parent refuses to comply with custody and visitation orders.

Understanding Custody Orders in California

A custody order is a legally binding document issued by a judge that outlines the rights and responsibilities of each parent. It specifies physical custody (where the child lives) and legal custody (decision-making authority over the child’s upbringing). The order also includes visitation rights for the noncustodial parent.

In California, a custody order may include:

Sole custody, where one parent has full physical and legal custody
Joint custody, where both parents share responsibilities
Visitation orders, detailing when and how the noncustodial parent can see the child

If one parent refuses to comply, the other parent has the right to seek enforcement through family court.

Steps to Take if Your Ex Violates a Custody Order

1. Document the Violations

If your ex is not following the custody agreement, start by documenting every violation. Keep records of missed visitations, ignored court orders, or any interference with your parental rights. Save emails, text messages, and any communication that shows noncompliance.

2. Communicate With the Other Parent

In some cases, violations occur due to misunderstandings or scheduling conflicts. Attempting to resolve the issue through communication may be the quickest solution. However, if the other parent repeatedly ignores the custody order, legal action may be necessary.

3. File a Motion for Contempt

When a parent refuses to follow a custody order, they can be held in contempt of court. This means they are disobeying a judge’s ruling, which can result in legal consequences. You can file a motion with family court to prove contempt. If the judge finds the other parent in contempt, penalties may include:

Fines or wage garnishment
Make-up visitation time
Modification of the custody order
Jail time in extreme cases

4. Request Law Enforcement Assistance

If your ex spouse refuses to return your child or violates the custody order in a way that endangers the child, you may contact the police. Law enforcement can enforce custody orders and return the child to the custodial parent. However, they typically require a copy of the custody order before taking action.

5. Modify the Custody Order

If violations continue, you can request a custody modification. A judge may grant changes to the agreement if it is in the best interest of the child. Common reasons for modification include:

Repeated violations of visitation rights
Evidence of child abuse or domestic violence
Failure to pay child support or spousal support
Relocation of one parent without proper notice

6. Seek Legal Representation

Enforcing a custody order can be complex, and working with a family law attorney ensures your rights are protected. An attorney can help you file the necessary documents, present evidence in court, and seek penalties against the noncompliant parent.

Legal Consequences for Violating a Custody Order

When a parent violates a custody order, California law provides strict penalties, including:

Contempt of court, which can lead to fines or jail time
Loss of custody or visitation rights if violations continue
Criminal charges in severe cases, such as child abduction
Modification of child support orders if noncompliance affects financial responsibilities

Under the California family code, judges have broad authority to enforce custody and visitation agreements in the best interest of the child.

Protect Your Parental Rights in San Bernardino

If your ex spouse refuses to follow a custody order, you don’t have to handle it alone. A family law attorney can help you navigate court proceedings, enforce visitation rights, and ensure your child’s well-being is protected.

Learn more about enforcing child custody orders in San Bernardino. Call The Law Office of Laurence J. Brock at (909) 466-7661 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.

FAQ

What happens if my ex refuses to let me see my child?

If your ex violates a visitation order, you can file a motion with family court to enforce the agreement. The court may impose penalties, such as fines or loss of custody rights.

Can the police enforce a custody order?

Yes, if the custody order is being violated, you can contact law enforcement. However, police typically enforce orders only in serious situations, such as parental abduction.

What penalties can a judge impose for violating a custody order?

A judge may impose fines, modify the custody agreement, order make-up visitation, or hold the violating parent in contempt of court, which can lead to jail time.

Can I change a custody order if my ex keeps violating it?

Yes, if violations continue, you can request a custody modification. The court will consider what is in the best interest of the child.

Do I need an attorney to enforce a custody order?

While you can file a motion on your own, having an attorney improves your chances of successfully enforcing the order and protecting your parental rights.

If you have additional questions about custody enforcement, contact our office for legal assistance.