Custody orders tend to frustrate everyone in a particular family. Even if parents set the terms themselves or a judge devotes hours to the creation of an arrangement that prioritizes the children’s needs, issues with the allocation of parenting time invariably arise. In some cases, parents can work out minor issues on a case-by-case basis. They can reschedule parenting sessions when the children are sick or a parent has a work trip. Other times, one parent may find that the other is not only inflexible but largely uncooperative.
One parent may intentionally try to limit how much time the other gets to spend with their children. They might schedule appointments during the other parent’s time or cancel repeatedly with questionable explanations.
What can one parent do when the other doesn’t consistently uphold their custody order?
The courts can enforce the order
Judges expect both parents to uphold the custody order in good faith. They want to see the parents prioritizing the best interests of the children whenever they make decisions related to shared custody. If one parent intentionally interferes in the other’s relationship with the children, custody enforcement actions may be necessary.
Isolated incidents may not warrant enforcement actions, but repeated attempts to diminish one parent’s time with the children make enforcement important. The parent denied time with their children can ask the courts to award them additional parenting time to make up for the time previously lost with the children.
Judges can reprimand the other parent and remind them of their obligation to uphold the custody order. If one parent has ignored prior enforcement efforts or engaged in egregious custody order violations, then the judge might accuse them of custodial interference. Hiding a child or otherwise encouraging them to avoid time with the other parent could lead to criminal consequences in more severe cases.
Judges might also choose to modify the existing custody order given one parent’s inability to put the children ahead of their own desire for vindication. They can increase the parenting time and parental authority of the parent denied access to their children.
Parents dealing with a frustrating shared custody situation may need help understanding how to assert their rights, and that’s okay. Asking a judge to enforce or modify a custody order is a reasonable response to repeated attempts at custodial interference.
