When a court issues an order regarding child custody, visitation, or support, both parents are legally required to comply. Unfortunately, there are times when one parent fails to follow the order, leaving the other parent frustrated and unsure of what steps to take. If you find yourself in this situation, it is essential to understand your legal rights and options. At Jennifer Wiggins Moore Family Law, P.C., we help parents navigate the legal system to enforce court orders and protect their parental rights.
Common Violations of Court Orders
Court orders related to family law matters cover various aspects of co-parenting and financial responsibilities. Some of the most common violations include:
- Refusing to follow a visitation schedule: A parent denies court-ordered visitation or interferes with the child’s time with the other parent.
- Failure to pay child support: The noncustodial parent does not make required child support payments.
- Disregarding custody arrangements: One parent makes unilateral decisions about the child’s living arrangements or relocates without court approval.
- Failure to provide medical or educational information: A parent withholds critical information about the child’s well-being from the other parent.
These violations can create unnecessary stress and hardship, particularly when they disrupt the child’s life and routine. Fortunately, Texas law provides several legal remedies to address these issues.
Steps to Take When a Court Order Is Violated
If the other parent is not following a court order, you do not have to handle the situation alone. Here are the essential steps to take:
Document the Violations
Keep a record of each violation, including dates, times, and specific details of how the other parent has failed to comply. Save text messages, emails, and any other relevant communications that can serve as evidence.
Attempt to Resolve the Issue Amicably
Sometimes, misunderstandings or miscommunications can lead to violations. Before taking legal action, try discussing the issue with the other parent to seek a resolution. If direct communication is difficult, mediation may be an option to facilitate an agreement.
File a Motion for Enforcement
You may need to file a Motion for Enforcement with the court if the violations continue. This legal action asks the court to compel the other parent to comply with the order. The motion should include detailed evidence of violations and any attempts made to resolve the issue outside of court.
Seek Contempt of Court Charges
In severe cases, the court may find the violating parent in contempt of court, which can lead to penalties such as fines, wage garnishment, or even jail time. Contempt charges are serious and often used when a parent willfully disobeys a court order multiple times.
Request a Modification of the Court Order
If the other parent consistently refuses to follow the order, you may petition the court for a modification. A judge may revise custody or visitation arrangements to better serve the child’s best interests, especially if violations show a pattern of disregard for the court’s directives.
How the Court Enforces Orders
Texas courts take court order violations seriously and can enforce compliance through various means, including:
- Make-up visitation time: Ordering the parent to provide additional time for missed visitations.
- Wage garnishment: Deducting unpaid child support directly from the violating parent’s paycheck.
- License suspension: Suspending a driver’s license or professional license until compliance is met.
- Fines and jail time: Holding the parent in contempt may lead to financial penalties or incarceration in extreme cases.
Why Work with Jennifer Wiggins Moore Family Law, P.C.?
Enforcing a court order can be legally complex and emotionally challenging. At Jennifer Wiggins Moore Family Law, P.C., we have extensive experience representing parents dealing with court order violations. We understand the frustration that comes with these situations and are committed to helping you take the necessary legal steps to protect your rights and your child’s well-being.
If the other parent is not following a court order and you need legal guidance, contact Jennifer Wiggins Moore Family Law, P.C. today. Our dedicated team is ready to assist you in enforcing your rights and ensuring your child’s best interests are protected.
