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Child Custody Cases

• Parenting Plan
• Emergency Orders
• Temporary Orders
• Permanent Orders
• Modification of Parenting Time
• Relocation
• Termination of Parenting Rights
• Enforcement of Child Custody Orders
• Unmarried Parents
• Grandparents' Rights

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Enforcement of Child Custody Orders

If a party to a parenting time order fails to comply, the other party can file a motion with the court. The court will then allow the other party an opportunity to respond, and grant, deny, or set the matter for a hearing.

The court has many options for how to respond when a court order is violated, but the court will always act in the best interests of the child where a party is not compliant with a parenting time order.

Some of the options available to the court include:

• Mediation
• Family counseling
• Parental Education
• Modification of the parenting plan
• Make-up parenting time to be completed within the next 6 months or year
• Fines and jail time for the non-compliant party

If a court finds one party non-compliant, the other party may be entitled to recover attorney fees and any costs associated with the court's orders in the matter.

Kidnapping by Parent

Sometimes parents who do not agree with a court's parenting plan will attempt to remove a child from the court's jurisdiction. This basically takes the form of a parent abducting their own child. If a party to a parenting order has reason to believe another party may abduct the child, the court can issue an order with special anti-abduction provisions. Prior to issuing such an order, the court is required to consider any evidence of impending abduction, along with the potential impact of abduction on a child as well as the difficulty in returning the child to the court's jurisdiction.

There are many factors a court may consider evidence of an imminent abduction. Of course, multiple factors combine for a more persuasive argument. However, any anti-abduction measures taken by the court will be limited by the court's determination of what is in the best interests of the child. The courts will not take action on an issue like this for the sole purpose of vindicating the wronged party. Therefore, it is important to keep the court's perspective in mind when constructing arguments and filing requests for remedies. Requests which are obviously born only of a desire to restrict another party's parenting time are abuses of the court's power and will likely be ignored, or worse, sanctioned.

Some common provisions in an anti-abduction order might include:

• travel itenerary of the child
• a list of physical addresses and contact numbers at which the child can be reached
• copies of all travel documents
• a prohibition against the child leaving the state, United States, or other area
• a prohibition against contact with the child outside certain locations or without supervision

Failure to comply with a court's anti-abduction order could result in civil or criminal liability.

If abduction by a parent is at issue in your case, call (720) 201-3802 to speak with an attorney about your circumstances. Or click here to submit your legal question directly to an attorney.