Enforcing Visitation Rights When the Other Parent Won’t Comply In California

In this article, you will discover:

• The ways in which law enforcement can enforce a California visitation order.
• Legal steps you can take to enforce court-ordered parenting time.
• Penalties you can face if you violate a custody or visitation order in California.

Can Law Enforcement Officers Enforce A California Family Court Visitation Order?

Law enforcement officers can enforce a California family court visitation order as long as it’s in writing, filed with the court, and you are in possession of a copy.

What Legal Steps Can I Take To Enforce Court-Ordered Parenting Time?

If the other parent is not cooperating, that’s a violation of the court order. When that happens, you can go to law enforcement. Most often, law enforcement calls or visits the violating parent to inform them that they must comply with the order.

However, law enforcement doesn’t compel compliance. If the other parent doesn’t comply, you would have to file a motion for contempt in court, which is a pseudo-criminal matter. If found in contempt, that parent faces five days in jail for every violation of the court order.

What Penalties Can A Parent Face For Violating A Custody Or Visitation Order?

If a parent consistently violates a court order, they could have their parenting time reduced or lose custody altogether. However, because the damage to the child’s relationship with the violating parent can be significant, the court doesn’t want to alienate the children from that relationship permanently.

Suppose your ex won’t comply with a court order, but you’re willing to allow them to see the children. The court doesn’t take the kids away from your ex forever. Instead, they shift the schedule so you now have primary custody, and your ex has visitation.

How Can A Family Law Attorney Help Restore And Protect My Parenting Time?

Scheduling time with and exchanging children are co-parenting issues. Poor and defensive communication between you and your ex can derail the schedule. If your ex violates the child custody and visitation order, your attorney can file a motion for contempt.

The court will then send you to mediation to work out these problems. The mediator is a court employee who is a psychologist or therapist. They meet with both parties, clarify the issues and file a report.

If the mediator determines that your ex is violating the court’s orders, the court could modify the schedule to try to take away their control.

However, filing a motion for contempt involves serious penalties and requires going to trial. Because there’s a great deal involved, going the regular route of enforcing the order, modifying it, or pursuing mediation might fix the problem.

Sometimes, people don’t follow a court order because they think they know best. That’s where contempt comes in, when the violations are willful and repetitive. To consider filing a motion for contempt, you should have at least three to four significant violations.

Still Have Questions? Ready To Get Started?

For more information on enforcing visitation rights in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 213-7665 today.