What Happens When a California Child Custody Order Is Violated?

A California child custody order has the force of law, which means both parents are expected to follow its terms. A violation can include repeatedly refusing to follow the parenting-time schedule, failing to return a child as required, interfering with the other parent's court-ordered time, or violating other specific requirements in the custody order.

What Should I Do If the Other Parent Violates the Order?

Start by reviewing the current custody order to make sure you understand exactly what it requires. California Courts recommends keeping a record of violations, including dates, times, missed exchanges, and relevant communications such as text messages or emails.

If the violation is ongoing or serious, you may have several legal options depending on the circumstances.

Can a Custody Order Be Enforced?

Yes. A custody order can be enforced through the court, and in certain situations law enforcement may also be able to enforce the order. It is important to have a copy of the current order available and make sure the order clearly states the required custody and parenting-time arrangements.

If a parent intentionally violates a custody order, the other parent may be able to ask the court to find that parent in contempt. Contempt proceedings can be complicated and may carry serious consequences, so legal guidance can be important.

Can I Ask the Court to Change the Custody Order?

If the existing order no longer works because circumstances have changed, a parent can ask the court to modify custody or parenting time. This is generally done through a Request for Order using Form FL-300. The request should explain what has changed and why the requested custody arrangement is in the child's best interests.

For a final custody order, California generally requires a significant change in circumstances before the court will modify the order.

What If I Am Concerned About Child Abduction?

If you believe the other parent may take the child without permission, additional legal protections may be available. A parent can ask the court for a Child Abduction Prevention Order, which can include restrictions on travel or other requirements designed to help protect the child.

Talk With a California Child Custody Attorney

Violations of a custody order can create serious disputes between parents and may require court intervention. Dosh Law represents clients in child custody and parenting-time matters in Placerville and throughout El Dorado County.

If you believe a California custody order has been violated or need to modify an existing custody arrangement, contact Dosh Law to discuss your situation and legal options.