What if My Ex Is Not Following Our Illinois Custody Order?

 Posted on July 21, 2025 in Child Custody / Allocation of Parental Responsibilities

When one parent does not follow the terms of a court-approved parenting plan, it can create serious problems for both the child and the other parent. Whether your ex is refusing visitation, not returning your child on time, or making decisions without your input, this behavior can violate the parental responsibilities order, commonly known as a custody order, and affect your parental rights. A Naperville, IL parental responsibilities lawyer can help you understand your legal options for righting this wrong.

Legal Options for Custody Enforcement in Illinois

Illinois courts expect both parents to follow parenting plans as ordered. When one parent refuses to comply, you can ask the court to step in. One common remedy is filing a motion for contempt. If the court finds that your ex willfully disobeyed the custody order, the judge may impose penalties like fines, parenting classes, makeup parenting time, or even jail for serious violations.

In some cases, especially if the violations are frequent or harmful to the child, you may also seek a modification of the parental responsibilities order. Under 750 ILCS 5/610.5, courts allow a parenting plan to be changed if there has been a substantial change in circumstances. Failing to comply with the existing order repeatedly is sometimes considered a sufficient change.

Under 750 ILCS 5/602.10, courts can require alternative methods for resolving disputes. For example, the court may appoint a parenting coordinator, usually a trained professional, to help parents resolve disagreements. They can help with day-to-day issues without constant court involvement.

Steps You Should Take When Your Ex Ignores Your Parental Responsibilities Order

When your ex is not complying, how you respond can hurt or harm your case. Some key steps to protect your rights and build a strong case include:

• Keep detailed records: Write down every incident, including dates, times, missed exchanges, or denied communication. Saved messages, emails, and voicemails can serve as evidence.

• Stay calm and follow the order: Avoid responding in kind. Continue to meet your responsibilities as ordered by the court.

• Talk to your ex if that is a safe and appropriate option: Sometimes, misunderstandings can be cleared up through direct communication. If things escalate, stop trying to communicate and involve your attorney.

• Contact your attorney: A family law attorney can review your options and help you take the right steps. They may suggest filing a motion for contempt or seeking a change in your parenting plan.

• File a police report if necessary: If your ex refuses to return your child or you believe your child is in danger, contact law enforcement.

You may need to ask the judge to enforce the order. Under 750 ILCS 36/, known as the Uniform Child Custody Jurisdiction and Enforcement Act, Illinois law allows a parent to seek enforcement and even recover attorney’s fees for the violation of parenting time.

Contact a Naperville, IL Parental Responsibilities Enforcement Attorney

When your ex refuses to follow a custody order, you do not have to navigate the legal options alone. An experienced DuPage County, IL parental responsibilities lawyer at Calabrese Associates, P.C. can help you document the violations and file the proper motions. Together, we will advocate for a solution that protects your rights and your child. Call 630-393-3111 today to schedule your consultation.