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Home Blog What To Do When One Parent is Not Following Court Orders


In a child custody case, there is a chance that one parent might fail to comply with the court orders even when the ruling has been finalized. This can be unfortunate as it could show an antagonizing relationship to the kids when the problem is one of the parents. When you find yourself in such a situation, it will be wise to look for a divorce attorney Mesa so that you’re aware of your legal options. You don’t want to let the uncalled for behavior go unchallenged.

Stay Calm

It can be hard to remain civil when the other parent isn’t willing to listen to reason. You want to be the bigger person for the sake of your kids and because it is the right thing to do. The first thing you should make sure of is that the kids don’t have to witness any arguments between the two of you. Anything to do with the custody should be in the best interest of the child even if the other parent thinks otherwise. A parent that overreacts to situations could be a sign that they shouldn’t be the primary caregiver.

Documenting Denial of Parenting Time

In order to have a formidable case, there should be detailed documentation on the instances where the other party denied you parenting time. Make sure to save voice messages, emails, and texts where the other parent explicitly mentions that they won’t be cooperating with the court orders. You have the right to contact law enforcement if the other parent is knowingly denying you parenting time. This should be the last resort as you don’t want your kids being traumatized by the involvement of the police in a domestic matter that can be solved amicably.

Get in Touch With a Family Law Attorney

You might have reached the original orders without the involvement of an attorney but that doesn’t mean you should seek out their help. You can still reach out to a family law attorney to consult on the current standings. There are those that might charge for consultation while others will offer it for free with the hope that you’ll use their services.

Drafting and Filing a Motion

For purposes of continuity, the filing should be done in the same court that issued the original orders. Your attorney will put a request for the other parent to be held in contempt of the court for violating the court orders. It is possible for them to be fined or jailed for violating court orders.

Modifying Custody Plan

You can be awarded primary care duties if the other parent is repeatedly violating court orders. Granting of such a request will be under special circumstances and the court will primarily look at the child’s interest above anything else.

Contact Jensen Family Law For More Information

If you’re unsure of what needs to be done, you can reach out to Jensen Family Law for more information. We have a team of experienced attorneys that are dedicated to providing the best outcome for you and your family. Visit https://www.familylawattorneymesaaz.net/ for more information.
Jensen Family Law
Address: 3740 E Southern Ave Suite 210 Mesa AZ 85206
Phone: (480) 999-2321

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