Enforcement Remedies When a Custody Order Is Violated
Show the order. They may enforce on-scene or document the violation.
Petition court to hold the violating parent in contempt: fines, makeup time, or jail.
A pattern of violations can justify changing the arrangement in your favor.
Court can order the violating parent to pay your attorney fees for enforcement.
What Counts as a Violation
- Will not return child after visit: most serious; call police immediately with the order
- Repeatedly late for exchanges: a pattern of 30+ minute delays is enforceable
- Cancels your custody time: makes excuses why you cannot have your scheduled time
- Denies makeup time: after they missed giving you time, will not make it up
- Makes major decisions without you: violates shared legal custody decision-making
- Interferes with phone calls: will not let you talk to the children during your scheduled call times
- Parental alienation conduct: badmouthing you to the children, attempting to turn them against you
How to File Contempt Step by Step
Step 1: Document the Violations
Keep a detailed log with dates, times, and specific descriptions. Save text messages showing refusal or excuses. Screenshot every communication. Note each missed exchange or late return with the exact time. This documentation becomes your evidence at the hearing.
Step 2: File a Petition for Contempt
Contempt begins in Motions Court. Which building depends on the judge of record — either the City-County Building or the Family Law Center at 440 Ross Street. The petition must identify each violation with specific dates and times. The petition should specify each violation with dates, attach the custody order being violated, and state what relief you are requesting — makeup time, sanctions, attorney fees, or modification.
Step 3: The Hearing
Typically scheduled 30–60 days after filing. Both parties appear. You present your evidence of violations; the other parent can defend or explain. The burden is on you to prove the violations by preponderance of the evidence.
Possible Outcomes If Found in Contempt
- Makeup custody time for every period missed
- Fines paid to you or to the court
- Your attorney fees paid by the violating parent
- Suspended jail sentence conditioned on future compliance
- Actual jail time for serious or repeated violations
- Modification of the custody arrangement
Do Not Retaliate by Violating the Order Yourself
Do not withhold your custody time to "get even." Do not keep the child extra time because they kept the child from you. Do not stop paying child support because they violated custody. Do not take the child and refuse to return them. Every one of these actions gives the judge a reason to find you in contempt alongside the other parent — and destroys your credibility and moral high ground.
The correct approach: follow the order perfectly yourself while documenting their violations. This makes you look reasonable and cooperative. That contrast is exactly what contempt proceedings are decided on.