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Dealing with an ex who is violating a custody order 

On Behalf of | Oct 5, 2022 | Divorce

Divorce signals several new starts. During the divorce process, one of the issues the court will take seriously and rule on is the child’s post-divorce living arrangements.

When the family court pronounces the terms of the child custody order, it is imperative that both parents respect it. Unfortunately, things do not always go as intended. Of course, there may be isolated instances when your ex may delay dropping off the kids by 20 minutes. But what happens when your ex is routinely and deliberately undermining the child custody order?

Steps to take if your spouse is not following a child custody order

Pretty much every child custody ruling is made in the best interests of the child. Thus, if your spouse is violating a custody order, you have a right to take legal action against them. However, before going to court, here are two things you need to do:

1. Document the violations

It is important that you create a comprehensive journal of the specific violation incidents. These should include the nature of the violation as well as the specific date it happened. For instance, if you were unable to visit your child because the custodial parent moved out of town with them, then be sure to document this. 

2. Discuss the violation with your ex

Some violations may be unintentional. For instance, your ex’s new work or schooling schedule might be clashing with the agreed visitation hours. In this case, you may wish to hold a discussion with your ex to establish the root cause of the violation and figure out how things can be fixed. 

Co-parenting isn’t always easy after the divorce. Find out how you can safeguard your rights and interests while litigating a child custody case.