| Violations of a child custody order or a visitation | | | | certain rights altogether. |
| agreement can be serious and sometimes frightening | | | | - Posting of a bond: A bond is a certain amount of |
| because they might involve actions that pose a | | | | monetary payment that is issued upon the violating |
| danger to the well-being of a child. If you feel that | | | | party in order to compel them to comply with the |
| your child is involved in such a violation, you have | | | | agreement. If the person cannot afford to pay, a lien |
| several options both under civil and criminal law. | | | | may be levied against their property such as a house |
| Regardless of whether the remedy is sought under | | | | or other valuable possessions. |
| civil or criminal law, the other party is still entitled to | | | | - Contempt of court: This is similar to civil contempt |
| notice and a proper hearing. | | | | of court, except that in criminal contempt of court, |
| Civil Remedies | | | | the violating party cannot avoid jail time by paying a |
| Civil remedies usually involve some form of monetary | | | | fee. Usually reserved for repeated violations of |
| reimbursement or court order decreeing that the | | | | custody agreements or to enforce prior instances of |
| other spouse do something or refrain from doing | | | | contempt. |
| something. Unlike criminal remedies, civil remedies are | | | | Remedies for Instances not Involving a Custody |
| aimed at alleviating the wrongdoings rather than | | | | Order or Visitation Agreement |
| punishing the offending person. Some civil remedies | | | | In some instances, clear violations of the law may |
| for violations of a child custody order are: | | | | occur even before a child custody arrangement has |
| - Contempt of court: The court may hold the | | | | been reached. Although it is always best to be |
| violating party in contempt of court if there has been | | | | prompt in obtaining a child custody arrangement, in |
| a previous court order involved. Contempt of court | | | | the event that a violation occurs, a parent may take |
| typically involves a fine for the violating party, as well | | | | the following action in the absence of an agreement: |
| as further orders and instructions, such as returning | | | | Sue for interference: The aggrieved party can |
| the child to the other parent. | | | | sometimes file a claim for interference if the violation |
| - Injunctions and Restraining Orders: These are court | | | | has resulted in some form of loss to the parent |
| orders which require the other party to take certain | | | | (usually dealing with child support). This is rarely |
| courses of action or to refrain from certain acts. | | | | granted, but some states have statutes covering |
| These can include orders to stay a certain distance | | | | interference claims. Alternatively, the parent may sue |
| from a child, or orders not to contact the child. The | | | | for infliction of emotional distress if the other person |
| party seeking an injunction or restraining order must | | | | has intended to cause such distress through their |
| usually be able to prove that other remedies (such as | | | | actions. |
| money damages) are insufficient to correct the | | | | Criminal Charges: As discussed above, criminal charges |
| situation. | | | | may be pressed if the person in violation has |
| - Monetary damages: In certain cases, one parent | | | | committed some form of crime such as kidnapping. In |
| may be able to obtain money damages if the | | | | such cases, the charges may be pressed even in the |
| violation has resulted in ascertainable (provable) losses | | | | absence of a formal custody and visitation |
| to the parent or child. | | | | agreement. |
| - Modification of the child custody/support/visitation | | | | Exercise of "Court Discretionary Powers": In child |
| order: Sometimes the offending spouse may be in | | | | custody cases, courts have much discretion to make |
| violation simply because the child custody or visitation | | | | decisions that are in the best interest of the child. |
| agreement has no longer become practical. For | | | | "Discretion" means that the court can exercise their |
| example, this may be due to a change in | | | | own powers of judgment to make a ruling or |
| employment or a relocation to a different area. In | | | | decision, even if such ruling may be contrary to public |
| such cases modifying the agreement can be a | | | | policy or case law. For example, the court may make |
| peaceable way to avoid further conflicts. | | | | the decision to enforce restrictions on the violating |
| Criminal Remedies | | | | parent or to require additional mandates aside from a |
| In serious cases, the court may opt to enforce | | | | regular custody order. |
| criminal sanctions in attempts to enforce a child | | | | Do I need a Lawyer to Enforce the Custody and |
| custody order. Unlike civil remedies, these are meant | | | | Visitation Order? |
| to punish the offending spouse as well as deter | | | | In some instances, hiring a lawyer is not the parent's |
| future violations of such agreements. They are | | | | most immediate concern, especially if the case |
| typically reserved for more egregious instances such | | | | involves an emergency such as a kidnapping or if the |
| as those involving kidnapping or repeated violations | | | | child cannot be located. In such emergencies, one |
| occurring over an extended period of time. | | | | should contact local police enforcement authorities in |
| - Criminal liability: If there are criminal charges involved | | | | order to address the situation. However, after the |
| such as kidnapping or false imprisonment, then a | | | | situation has been remedied and the child's safety has |
| criminal suit may be initiated against the other party. | | | | been ensured, the person may wish to contact a |
| A lawyer will be able to determine whether criminal | | | | lawyer to see what additional courses of action they |
| charges lie and whether a criminal suit will likely be | | | | have. |
| successful | | | | Even in less extreme cases, a parent would still be |
| - Punitive Modifications of Custody Order: The judge | | | | wise to contact a lawyer regarding violations of a |
| may choose to modify the custody or visitation | | | | child custody order. When contacting the lawyer, |
| order, as in a civil remedy. However, under a criminal, | | | | here are some points to consider in conclusion: |
| punitive modification, the changes will be made in | | | | - Determine whether a formal child custody and |
| order to reflect a punitive intent to enforce the | | | | visitation arrangement has been formally issued for |
| decree, such as reducing visitation time or eliminating | | | | the child and the parents. |