Even with a court-ordered custody agreement in place, parents may sometimes violate those orders. This non-compliance can manifest in various ways, such as refusing to return the child after a visit, denying visitation time, or relocating without informing the other parent. While these violations can be distressing and disruptive, the other parent can take steps to enforce their court orders.
Enforcement of Custody Orders by Contempt
In Missouri, parents have legal recourse when faced with a non-compliant co-parent who violates custody orders. Two primary methods for enforcing these orders are filing for contempt of court and submitting a family access motion.
Filing for contempt of court is a serious legal action that involves proving someone willfully violated a court order. The process typically involves:
- Filing a motion for contempt with the court that issued the original custody order.
- Providing evidence of the violation, such as documentation of missed visitations or denied access to the child.
- Attending a hearing where both parties can present their case.
If the court finds the non-compliant parent in contempt, potential consequences may include:
- Fines
- Compensatory visitation time for the wronged parent
- Mandatory counseling or parenting classes
- In severe cases, jail time
The goal of contempt proceedings is to compel the non-compliant parent to follow the court order and deter future violations.
A family access motion is a more streamlined process specifically designed to address denied or interfered visitation or custody time. Key aspects include:
- Filing can be done easily using forms provided by the court.
- The motion must be filed in the court with the jurisdiction of your case, which is typically the court where your custody orders were issued.
If the court finds a violation occurred, remedies may include:
- Make-up parenting time
- Additional parenting time to compensate for missed occasions
- Participation in counseling or educational programs
- Fines (of up to $500)
- Mandated payment of a security or bond to ensure future compliance
The family access motion process is generally faster and less formal than contempt proceedings, making it a more accessible option for many parents.
Both methods aim to ensure compliance with custody orders and protect the rights of parents and children. The choice between filing for contempt or submitting a family access motion often depends on the severity and frequency of violations, as well as the specific circumstances of the case. In either situation, documenting violations and attempting to communicate with the non-compliant parent before legal action can strengthen the case and demonstrate good faith efforts to resolve the issue.
It's advisable for parents to consult with a family law attorney to determine the most appropriate course of action for their specific situation, as each case may have unique factors that influence the best approach to enforcement.
Enforcement via Police Intervention
Missouri Statute § 452.425 is a provision in the state's family law that allows parents to include specific enforcement measures in their parenting agreements or custody orders. The statute essentially gives parents the option to include language in their custody agreements that authorizes law enforcement to intervene if one parent violates the terms of the agreement. This can be particularly useful in situations where there are concerns about potential interference with custody or visitation rights.
Police intervention might be helpful in several types of parenting arrangements:
- High-conflict custody cases. In situations where there is a history of disputes or non-compliance with custody orders, having law enforcement as a potential enforcer can deter violations and provide a quick resolution if problems occur.
- Cases involving risk of parental abduction. If there are concerns that one parent might attempt to take the child without permission, especially across state lines, the ability to quickly involve law enforcement can be crucial.
- Supervised visitation arrangements. When one parent is required to have supervised visits with the child, law enforcement can ensure compliance and intervene if the supervising conditions are violated.
- Difficult exchange of custody situations. In cases where parents have difficulty conducting peaceful custody exchanges, having law enforcement available to oversee the exchange can help ensure it occurs as scheduled and without incident.
It's important to note that while this statute provides an additional tool for enforcing custody agreements, it should be used judiciously. Frequent police involvement can be stressful for children and may escalate tensions between parents.
Ideally, parents should strive to cooperate and communicate effectively to minimize the need for such interventions. However, in cases where safety or consistent non-compliance are concerns, the option for law enforcement assistance can provide peace of mind and a mechanism for ensuring that custody orders are followed.
Need help enforcing or modifying existing custody orders? Reach out to the attorneys at Kallen Law Firm, LLC for a case consultation. Call (314) 441-7793.
