What Happens if a Custody Order Is Violated?

 Posted on February 19, 2025 in Child Custody

When parents separate or divorce, custody orders provide structure and stability for their children. However, when one parent ignores the court-ordered arrangement, it can lead to confusion, stress, and potential harm to the child’s well-being. Violating a custody order is not only unfair but also an offense that can carry serious legal consequences. If you are facing a custody dispute, an Illinois family law attorney can help you take the steps necessary to enforce the court order and protect your relationship with your child.

What Actions Constitute a Custody Violation?

A custody violation occurs when a parent disregards the terms of a court-ordered parenting plan. Some of the most common types of violations include:

• Failing to return the child at the scheduled time

• Denying the other parent court-ordered visitation

• Taking the child out of state without the necessary consent

• Refusing to communicate with the other parent about joint decision-making

• Interfering with the child’s relationship with the other parent

Even if a parent feels he or she has a valid reason for not following the agreement, he or she must follow legal procedures to request a modification rather than making changes on their own.

What Are the Legal Consequences of Violating a Custody Order?

Illinois courts take custody violations seriously and may penalize a noncompliant parent. When a parent violates a custody order, he or she can be held in contempt of court. This can result in fines, court-ordered parenting classes, or even jail time in extreme cases.

In addition to contempt charges, the court may modify the custody arrangement, especially if repeated violations show that the parent is unwilling to follow the agreement. Make-up parenting time may also be ordered if one parent has wrongfully withheld visitation.

In severe cases, such as when a parent unlawfully removes a child from the state or refuses to return him or her, criminal charges may be filed. Parental kidnapping is a serious offense that can lead to jail time and loss of parental rights.

How Can the Other Parent Enforce a Custody Order?

If one parent violates a custody order, the other parent has legal options to enforce it. Some steps that can be taken include:

• Document the Violations: Keeping detailed records of missed visits, attempted communication, and any relevant messages can provide crucial evidence if court action is necessary.

• Try to Resolve the Issue: Discussing the situation with the other parent may help resolve misunderstandings without legal intervention.

• File a Motion for Enforcement: If violations continue, the court can enforce the custody order by penalizing the noncompliant parent.

• Request Contempt Proceedings: If a parent repeatedly violates the order, the court may hold them in contempt.

• Involve Law Enforcement if Needed: In cases of serious violations, law enforcement can assist in enforcing the order.

Contact a Kane County, IL Family Law Attorney

If your child’s other parent is violating the custody order, you have legal options to enforce your parental rights and protect your child’s well-being. A St. Charles, IL family law attorney at Goostree Law Group can help you take action and navigate the appropriate legal remedies. Contact our office at 630-584-4800 to schedule a free consultation and discuss your case.