Enforcing California Child Custody & Visitation Orders

California courts prioritize the child’s best interests when they establish child custody and visitation orders. In determining what will serve the child’s best interests, the courts will consider many factors. This will likely include items such as:

• The child’s age,
• The child’s emotional and physical well-being,
• The child’s relationship with each parent,
• Any history of abuse or neglect, etc. 

When a parent will not comply with a court order pertaining to custody or visitation, there are several steps that the other parent can choose to take to ensure compliance with the order. A parent might choose to pursue:

• Filing a motion with the court to enforce the orders and seek monetary sanctions
• Obtaining a finding of “contempt of court.” Here, the offending party could face fines and/or jail time
• Modifying a court order to ensure the children’s best interests are protected.

It is important to note that if you plan to pursue legal solutions for non-compliance with a court order, you need to ensure that you have the proper evidence and documentation to back up your claims. The court will not “choose” a side in a he-said-she-said – you need to be able to establish your claims with the appropriate documentation. These records can include logs of text messages, e-mails, voice mails, witness statements, etc.

Tips for Empowering Order Compliance

Most parents want to do what is right for their children. But navigating co-parenting can be hard. There are many practical strategies you can employ from the get-go to help foster a cooperative co-parenting relationship.

1. Effective Communication: If co-parents can openly and respectfully communicate, miscommunications that lead to fights and non-compliance can be largely avoided. Setting up standards from the beginning or how to clearly communicate: for example, via written word in e-mail, can cut down on misunderstandings and help to promote efficient coordination.
2. Written Agreements: Document what you have agreed to do and stick to the details in those agreements. Refer back to the written record or point to terms there yourself to serve as documentation at a later time, if need be, of what was agreed upon.
3. Flexibility and Cooperation: To the extent you can, a mutual attitude of flexibility and respect can go a long way in enabling a successful co-parenting experience.
4. Document Non-Compliance: As stated above, you can only successfully bring suit for non-compliance with a court order if you can provide evidence of this non-compliance. Keep a record of missed visitations, denied access, etc. This documentation can be used to establish the merit of a case in court.

Contact Cardwell Steigerwald Young, LLP

For more information on how our San Francisco family law attorneys can help you in your own case, contact our office and speak with our experienced team.

Source:

selfhelp.courts.ca.gov/child-custody/enforce