How do I enforce a child custody and visitation order when the other parent is consistently violating it?
To enforce a child custody order, you must file a formal request with the court that issued the original order, asking a judge to compel compliance. Here are the steps to take when the other parent consistently violates your custody and visitation order:
Step 1: Document Every Violation
Keep a detailed log of every missed or interfered-with visit. For each incident, record the date, time, what happened, and the reason given by the other parent. Save all related text messages, emails, and voicemails. This documentation is your most critical evidence.
Step 2: Send a Formal Request for Compliance
Before going to court, send a calm, written communication (like an email) to the other parent. Clearly state the specific ways the court order is being violated and politely demand that they follow the order moving forward. This shows the judge you made a good-faith effort to resolve the issue yourself.
Step 3: File a Request for Order
Complete and file a Request for Order (Form FL-300) with the family court in the county that issued your custody order. In this form, you will explain the violations and ask the court to enforce the order. You can also request specific remedies, such as ordering make-up visitation time or ordering the other parent to pay your attorney's fees and costs under Family Code Section 3028.
Step 4: Consider Filing for Contempt
For willful and repeated violations, you can file an Order to Show Cause and Affidavit for Contempt (Form FL-410). This is a more serious, quasi-criminal action. If the court finds the other parent in contempt, it can impose penalties including fines, community service, or even jail time under Code of Civil Procedure Section 1218.
Step 5: Properly Serve the Other Parent
You must have a neutral third party (not you), who is over 18, personally serve the filed court documents on the other parent. There are strict deadlines for service that must be met before your court hearing. After service, the server must complete and file a Proof of Service form with the court.
Step 6: Attend the Court Hearing
Go to your scheduled hearing prepared to present your case. Bring your log of violations and other evidence. Clearly and calmly explain to the judge how the order has been violated and what you are asking the court to do.
Important Considerations: A standard enforcement action (Request for Order) is focused on getting future compliance and make-up time. A contempt action is more difficult to prove but is designed to punish the other parent for past, deliberate non-compliance.
Note: Never resort to "self-help" like withholding court-ordered child support, as this will put you in violation of a court order. Contempt actions are complex and have a high burden of proof, so proving your case can be challenging without legal assistance.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 33
Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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