Whenever possible, Colorado family courts prefer that child custody is decided amicably between the parents. If t...Read more
The court orders parenting plans in the best interest of the children involved and expects both parents to follow the order. When one parent doesn’t, the other parent has options. Consulting with an experienced attorney can help them enforce or change the order.
When a judge enters orders in a specific case, most people take the orders seriously and comply with what is required. However, others choose to ignore court orders and disobey the court’s instructions. Judges take this situation seriously and have the ability to take different courses of action when parties defy court orders. Noncompliant people risk being held in contempt of court and might face multiple consequences, including fines and even jail time.
The same applies to child custody orders issued by the family court. Both parents are expected to adhere to the parenting plan and schedule for child custody. If one doesn’t, there will likely be penalties. What do you do if your child’s other parent violates the court’s orders about child custody? Call our office to speak with experienced Aurora child custody lawyers to learn more about your options and rights to enforce child custody orders.
In the short term, this might be your best option. You can typically get help from the police, who can enforce a court order on your behalf. First, it’s advisable to contact your child’s other parent to inform them that they are in violation of the custody court order. Explain that you will call local law enforcement if they don’t give you the child immediately. If that doesn’t work, you can contact the local police and tell them that it is your parenting time and the other parent is withholding the child. Make sure you have a signed copy of the court order available to show the responding police officer. You should also document what is going on and call your Aurora child custody attorneys.
Under Colorado state law, a motion regarding parenting time disputes has to be set for a hearing as soon as possible. The court may also order the other party to pay your Aurora child custody lawyers’ fees that you incur trying to enforce the court order. However, suppose the judge determines that the parent responding to the motion didn’t violate the parenting time court order. In that case, the petitioning parent might have to pay those costs.
If the judge finds that there was a violation of the order, they have several options. They might order a new custody arrangement that it believes is in the best interest of your child, order you and the other parent to attend mediation together, or may determine that the withholding parent is in contempt of court.
At the CNL Law Firm, our Aurora child custody attorneys know how disconcerting, frustrating, and worrisome it can be when one parent doesn’t follow court orders concerning the parenting plan. We are here for you and can help you navigate this difficult situation. Call (720) 370-2171 or complete our online form to schedule a case evaluation with our accomplished Aurora child custody attorneys today.