Divorcing couples often devote substantial time and energy to creating a fair and workable parenting plan. Even when the parents cannot agree and a judge must decide on custody arrangements, most parents will try to comply for the sake of their children.
Unfortunately, there are times when a parent cannot or will not abide by the court-ordered custody arrangement. If the problem is not resolved after a frank conversation, contact a Fairfield child custody enforcement lawyer.
Legal remedies are available when a parent is not in compliance with a custody order. A skilled family attorney can help you explore your legal options.
A judge approves a parenting plan when they feel it is in the children’s best interests. When a parent intentionally or repeatedly violates the court-ordered plan, they are acting against the children’s best interests.
Over time, minor violations of the plan are almost inevitable. A traffic jam might make a parent late dropping off the children, or an emergency might cause a last-minute cancellation of a visit. However, the following examples of noncompliance merit documentation and follow-up:
A parent whose co-parent is violating the parenting plan should document all such instances, including the date and incident details.
Initiating a dialogue is the best first step when there are concerning violations or patterns of noncompliance. When effective communication is challenging, working with a mediator can be helpful in enforcing a child custody agreement. In other cases, an attorney in Fairfield could contact the co-parent or their legal representative to resolve the issue.
When a parent is behaving in a way that endangers the child, the co-parent can take immediate action. Police usually will not intervene in custody disputes but will do so if a parent is putting the children in immediate danger. For example, if a parent receives a text from a child that the co-parent is driving drunk while they are in the car or has passed out during parenting time, a call to the police is necessary and appropriate.
Whether the police get involved or not, a parent who believes their co-parent cannot provide a safe and appropriate environment for the children can go to court to get an emergency, temporary modification to the parenting plan. Connecticut General Statutes § 46b-56f allows a parent to seek an ex-parte custody order, meaning the judge hears the request immediately outside the presence of the other party.
If the court grants the emergency change to the parenting plan, it must schedule a hearing within 14 days. Both parents can present their case at the hearing. It is critical for anyone involved in an emergency custody enforcement hearing in Fairfield to have representation from a lawyer.
When the children are not in immediate danger, but the co-parent is violating the custody arrangement, and negotiations have been unsuccessful, taking the matter to a Fairfield court is an option. The parent who wants to enforce the current parenting plan must work with an attorney to bring a motion asking a judge to hold the co-parent in contempt of court.
The motion must explain in detail how the parent is violating the plan. The parent’s documentation of past noncompliance would form the basis of the allegations. The parent also must specify what action they want the court to take.
The judge has broad discretion to take the action the petitioning parent suggests, take no action, or do something else. The judge’s decision must always be based on what they believe is in the children’s best interests. Depending on the circumstances, the judge could order the parent affected by the noncompliance with additional parenting time, restrict the parenting time of the noncompliant parent, modify the existing parenting plan, or take any other appropriate action.
Violations of the parenting plan are disruptive and harmful to your children. They must be able to rely on predictable and consistent behavior from both their parents.
When your co-parent is out of compliance with your parenting plan—or if they are accusing you of violating it—contact a Fairfield child custody enforcement lawyer immediately. We can help you achieve a result that supports your children. Get in touch today.
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