Following an order that has been issued by a judge in a child custody or support case is critical to ensure the best interests of your child are met. While you shouldn’t try to take matters into your own hands if the other parent refuses to follow a family court order, there are legal measures that you can pursue to get the other parent to comply. Notably, the process for enforcing family court orders is distinct from the process for establishing them.

Can You Enforce Child Custody or Child Support without a Court Order?

Informal agreements made between co-parents do not hold weight in family court. A court order must be put into place for child custody or support to be enforced. Without an order issued by a judge, there is no legal basis for enforcement if a parent doesn’t abide by the agreement. Even if you and the other parent have drafted a written agreement, you cannot compel the other parent to adhere to the terms unless it was formalized as a court order.

What are Your Options to Enforce a Family Court Order?

There are many ways a parent can violate a family court order. For instance, they may refuse to pay child support, deny visitation, interfere with communication, fail to follow the custody schedule, or make decisions without consulting the other parent. If a parent violates a family court order, the other parent may take legal action.

While it’s best to discuss the facts of your case with a knowledgeable family law attorney, there are several possible remedies if a parent refuses to follow a custody or support order. These include the following:

• Petitioning for enforcement — When you petition the court to enforce a custody or support order, you are requesting that the other party follow the terms of the original order. In a custody case, you may ask to make up missed parenting time due to the other parent’s violation, as well as request the attorney fees and court costs you incurred to bring the petition.
• Filing a motion for contempt — A motion for contempt asks the court to hold the other parent accountable for violating the family court order. You must be able to establish that the other party willfully and knowingly failed to follow the custody or support order. If a judge finds that a parent is in contempt of a child support order, they may impose sanctions, wage garnishment, or even jail time in serious cases.
• Requesting a modification — If a parent continuously violates an existing custody order, you may file a petition to modify it. However, to obtain a modification, you must show that the violation constitutes a “substantial change in circumstances” and changing the arrangement is in the child’s best interests.

If your child is at imminent risk of harm, you may need to file an emergency order. This is a temporary measure that can grant you immediate custody without a hearing involving the other parent. However, this is an extraordinary remedy that can only be used in severe situations involving abuse, neglect, or a risk of abduction. A full hearing must be held shortly after the order is issued to ensure both parties have an opportunity to present their sides of the story to the judge.

What Evidence Do You Need to Enforce a Family Court Order?

If the other parent fails to adhere to a family court order, it’s essential to document your case. You must show that a valid court order existed and the other party willfully or knowingly failed to comply with it. It’s crucial to keep a detailed log of the dates, times, and details regarding the other parent’s violations and gather any other evidence to support your claim.

When enforcing family court orders, a judge would evaluate a variety of evidence depending on the facts of the case. For example, in a child custody matter, a judge might consider communication records between the parents, such as emails and texts. They might also hear testimony from family members, teachers, doctors, or others who can speak to the child's wellbeing. If child support is at issue, a judge would look at financial records, receipts for the child’s expenses, and proof of income.

Do You Need to Go to Court to Enforce a Family Court Order?

Litigation isn’t the only option when it comes to enforcing family court orders. Mediation is a cost-effective and efficient alternative dispute resolution method that can help both parties reach an agreement without judicial intervention. This process is guided by a neutral third party who facilitates healthy communication between co-parents. While a mediator does not have the authority to hold a parent in contempt or issue an order, they can assist the parties with voicing their needs and concerns. Once an agreement has been reached in mediation, it can be submitted to the court to become a binding order.

Contact an Experienced New York Family Law Attorney

Enforcing family court orders can be complex. It’s essential to have a skillful attorney by your side who can help you navigate the process and safeguard your legal rights. At Duke Law Firm, P.C., we provide our clients with knowledgeable counsel for a wide range of family law matters, including those involving enforcement actions. Offering trusted representation and high-quality legal services, we welcome you to contact us today to schedule a consultation to learn how we can help.