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What to Do If the Other Parent Does not Follow a Child Custody Order

 Posted on July 06, 2021 in Parenting Time (Visitation)

naperville child custody lawyerIf your ex has not been following the child custody order or parenting plan that is in place, you may feel angry and frustrated. You want the child custody arrangement to go as smoothly as possible, but your ex refuses to cooperate. Although this is indeed a difficult situation, you can take steps to rectify it.

Common Examples of Child Custody Violations

Sometimes parents refuse to abide by a child custody order. This can make a difficult situation even more trying. Here are a few common examples of child custody violations:

  • Refusing visitation time to the other parent

  • Taking children out of the state without permission

  • Failing to attend required counseling sessions

  • Not telling the other parent about the children’s whereabouts

  • Keeping your children for a longer visit than what the child custody order allows

  • Failing to show up to visits

Steps to Take If Your Ex Does Not Follow Child Custody Order

If the other parent has not been following the child custody order, here are the steps you should take next.

  • Have a conversation with your ex. Meet with your ex-spouse outside of court and ask why he or she has not been following the child custody order. It is possible that your ex violated the order by mistake. If that is the case, you can avoid further confrontation by talking it out in a calm manner.

  • Gather evidence. If your ex has not been following the parenting plan, document everything in a journal. For example, if your ex arrives an hour late for each visit or did not let you know where he or she was taking your kids, write that information down. 

  • Contact a lawyer for help. An experienced family law attorney can explain your rights and ensure that these rights are protected. Your lawyer can help you take the legal steps necessary to enforce the parenting plan.

  • File a motion for contempt. If your ex continues to refuse to follow the child custody order, you may have to file a motion for contempt. Your ex will have to appear in front of a judge and explain why he or she has been disobeying the custody order.

Contact a Naperville, IL Child Custody Lawyer

If your ex is refusing to follow a child custody order, you should get in touch with a DuPage County family attorney. At Calabrese Associates, we understand how frustrating this matter can be and want to offer our assistance. Call us at 630-393-3111 to schedule a confidential consultation.


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