DO YOU THINK YOU MIGHT NEED TO GET THE POLICE INVOLVED REGARDING A CUSTODY ORDER OFFENSE?
Keep Accurate Records of Offences Against the Court Order by Your X-Spouse
Start maintaining a written record of your conversations with your X-husband or wife concerning the custody order, and be as precise as practical, but also be sincere and honest– any type of spite or any effort by either parent to influence or manipulate the other parent will most likely be detected by the court.
Be sure that you have numerous certified duplicates of the child custody order. If you must contact the police about a violation of the Court Ordered Supervised Visitations, they will definitely ask to review the custody order.
Court orders– like arrest warrants, search warrants, and subpoenas– are dispatched daily by California courts, and a child custody order carries the same legal power as every other court order– indicating that it can be imposed by the law enforcement.
Also so, many law enforcement departments in California may abstain from getting engaged in a family law conflict unless a criminal offense like kidnapping or abuse has happened.
Enforcing a Custody Order
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When a judge makes an order about child custody and visitation, it becomes a court order and it has the force of law.
It is very important that you:
- Keep a copy of your current court order in a safe place. If there are other people involved in your visitation like if you exchange the children at someone’s house, that person should have a copy too.
- Have a court order that is clear about the details of your visitation order, including where your children will spend every holiday, birthdays, parents’ birthdays, vacations, etc.
- Make sure you get a new court order if you and the other parent agree to make significant changes to your time-share or visitation order. Some of the changes that you should write into a new custody and visitation order are changes in: how much time your children will spend with each parent; where both parents will live; where your children will go to school, get medical care, or religious training; who will pick up and drop off the children at the time of the exchanges; or how you will make sure your children’s other needs are met.
If one parent does not follow the custody and visitation court order
There are several options:
- Contact your local police department and ask them to enforce the order.
- Contact the district attorney in your county. Look for the Child Abduction and Recovery Unit.
- File an action for “contempt” with the court. In contempt actions, you ask the court to enforce the order and make a finding that the other parent willfully disobeyed the court order. This is very complicated and can have serious consequences. Talk to a lawyer to get help with it.
In case you have to go back to court, you should keep accurate records of all visitation violations. Keep a journal or mark up a calendar, with the dates and times that the other parent did not follow the order and did not show up, or showed up late, or created other problems.
Enforcing a court order can be very complicated. Talk to a lawyer to find out what is best in your case. Click for help finding a lawyer.
The Courts will ALWAYS consider what is in the best interest of the child or children.