Is your ex-spouse in contempt of court for violating your custody and visitation plan?

| Feb 5, 2021 | Family Law |

Custody and visitation is a major source of conflicts for divorced parents — and the conflicts seldom end until the children reach adulthood.

You may find yourself at your wit’s end trying to get your co-parent to respect your visitation time, stop changing the custody schedule on a whim and refusing to adhere to other agreements.

You have to wonder: Are they so badly in violation of the order that they could be charged with contempt? Maybe.

What sort of actions could lead the court to charge your ex with contempt?

Minor disruptions in a visitation schedule may be infuriating, but they may not rise to the level where the court will consider contempt charges against your co-parent. However, that could be a possibility when:

  • Your ex refuses to return your child when their visitation period is over.
  • Your ex purposely withholds visitation with your child because they are angry at you.
  • Your ex withholds visitation because they are angry that your support payments have decreased or stopped for some reason.
  • Your ex tries to remove your child from the country without your permission.
  • Your ex takes your child and moves to another state without permission from the court.
  • Your ex actively prevents you from freely communicating with your child.
  • Your ex makes a unilateral decision of major importance regarding your child’s health or education without your consent in violation of your parenting plan.

Essentially, you (and your ex) need to remember that the custody and parenting plan is a court order. It’s terms aren’t optional nor subject to change without permission from the court.

If you’re exhausted from battling your ex-spouse over custody and visitation, it may be time to review your agreement and ask for either enforcement or modifications that give you more control. An attorney can help you take the next steps.

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