Every divorce is different, and failure to comply with court orders that apply to a child’s custody should be addressed specifically. The courts will establish the role each parent will play in a child’s life after a divorce has occurred and encourage parents to develop a parenting plan based on a child’s best interests. It can be challenging to know the appropriate steps to take when a parent is not complying with court orders.
Working with knowledgeable Los Angeles family attorneys and understanding your options when the other parent does not comply with court orders can be the difference in dealing with a complex situation, possessing insight and clarity in your choices, or functioning under stress and uncertainty.
Components of Child Custody
Child custody is based on two components defining the legal and physical custody of a child. When determining a parent’s role in custody, the child’s best interest is always at the forefront of the decision.
Legal custody grants a parent the right to make profound decisions affecting a child’s life. In most cases, parents in Los Angeles share joint legal custody, allowing both parents to be involved in significant decisions that impact a child. These decisions can include:
- A child’s education
- Medical care
- If a child can have elective surgery or receive vaccinations
- The religion a child will be raised in
- Participation in sports that affects a child’s attendance at religious services
Physical custody defines where a child will live. Any modifications or changes to these components should be agreed on and modified in court.
When Non-Compliance Occurs
A parent may no longer comply with a child custody order for many reasons. The critical aspect is to address the non-compliance appropriately.
Request for Order
When one parent fails to comply with a court order, a parent may file a Request for Order, allowing the legal modification of the order to address the violation. Any request for an order must be supported by documentation to validate why this change in court order is in the best interest of a child when determining custody matters. It is imperative to work with a Los Angeles family law attorney to address any legal or physical custody issues and ensure proper documentation to back up the request.
Contact Law Enforcement
When it is possible, it is always a good practice for parents to work together when disagreements over court orders arise. Most often, the courts encourage working together to reach a mutual agreement. But when this is not an option, law enforcement can be contacted, particularly when a child’s safety is a concern, allowing for the documentation of any issues related to a child’s safety.
File a Contempt of Court
If a parent feels the other parent is intentional in their acts of non-compliance with a court order, then a contempt of court can be filed. This filing will require a determination to be made by a judge if a parent is being willfully disobedient. Being found in contempt of court can have legal ramifications for the non-compliant parent.
Guidance With Compliance of Los Angeles Court Orders
If you feel a parent is purposefully non-compliant with a court order, it will be up to you to offer proof to ensure legal action is taken. Appropriate evidence in each case will depend on the circumstances surrounding the unique events in your situation. Martin Family Law Group will aggressively pursue the best interests of your child.
Reach out today for a free consultation with a team of compassionate but driven Los Angeles family law attorneys for questions surrounding court orders.