How to Enforce a Custody Order When the Other Parent Violates It
Custody orders are legally binding judgments issued by a family court. A parent has the right to pursue legal remedies when the other parent refuses to follow the terms of an existing custody order, whether by denying parenting time or engaging in other forms of noncompliance.
In San Diego, custody order enforcement is a critical issue for many families navigating post-divorce or separation dynamics.
Whether you’re being denied your parenting time or your child’s well-being is at risk due to a willfully noncompliant parent, swift legal action is both necessary and justified. Mattis Law, A.P.C., understands the emotional toll custody violations can cause, and we’re here to help you navigate them.
Common Forms of Custody Violations in California
Custody violations that family courts in California often encounter include:
- Denying court-ordered visitation or parenting time
- Failing to return the child on time
- Interfering with phone or video calls
- Taking the child out of the state or country without permission
- Making unilateral decisions that violate joint legal custody
Step 1: Document the Violation
Before taking legal action, it’s crucial to keep a detailed record of every violation. Courts respond best to factual, specific evidence of noncompliance. Your documentation should include:
- Dates and times parenting time was denied
- Communication records (texts, emails, voicemails)
- Notes about any harm or stress caused to the child
- Witness statements, if applicable
Being organized and consistent helps your case significantly, especially if you need to pursue enforcement through the court system.
Step 2: Attempt to Resolve the Issue Informally
If the violation seems minor or possibly unintentional (e.g., a scheduling mistake), you may choose to:
- Reach out directly to the other parent
- Request clarification on their intentions
- Propose a make-up parenting time arrangement
Always keep these interactions polite and in writing; texts or emails can become valuable evidence later. However, if informal resolution fails, or if the violation is serious or repeated, it’s time to escalate.
Step 3: Legal Remedies for Custody Noncompliance
California family law provides several legal remedies for custody noncompliance. If parenting time is denied repeatedly or a parent deliberately violates an order, you can pursue any of the following options.
Contempt of Court Filings
Violating a custody order is not just a breach of etiquette—it’s a violation of a court order. This gives you the right to file a Request for Order to Show Cause for Contempt.
Contempt of court family law actions are serious. A parent found in contempt can face:
- Fines
- Community service
- Jail time (in extreme cases)
- Attorney’s fees reimbursement
To pursue contempt, you must show that:
- A valid custody order exists
- The other parent knew about the order
- The parent willfully violated it
This process typically involves filing FL-410 (Order to Show Cause and Affidavit for Contempt) and related forms with the San Diego family court.
Requesting Make-Up Parenting Time
If your parenting time was denied or disrupted, you have the right to request make-up time. California law recognizes that frequent, meaningful contact with both parents is in the child’s best interest.
In these situations, courts can:
- Order additional time to make up for what was missed
- Adjust the schedule temporarily or permanently
- Hold the violating parent responsible for lost time
Make-up time requests are especially effective when paired with documented evidence of consistent parenting time denial.
Filing for Custody Order Modifications
If the other parent repeatedly ignores the court order, you may be able to modify the custody order entirely. Judges don’t take lightly to ongoing violations that disrupt a child’s stability and structure.
When seeking a modification due to California custody violations, you’ll need to:
- Demonstrate a pattern of noncompliance
- Prove that the change is in the child’s best interest
- File a Request for Order (FL-300) with supporting evidence
Courts can reduce or eliminate time for the noncompliant parent, especially if their behavior is harming the child emotionally or psychologically.
Step 4: File with the Court
Once you decide which legal remedy to pursue, you will need to prepare your documents and file them with the San Diego County Family Court. This includes:
- The proper court forms (FL-300, FL-410, FL-305, etc.)
- A detailed declaration outlining the facts
- Evidence supporting your claims (texts, emails, etc.)
- Proof of service to the other parent
You may be given a hearing date where both parties present their side. The judge will evaluate the evidence and may issue new orders, enforce penalties, or both.
Step 5: Follow Through With the Hearing
At the hearing, it’s vital to remain composed, respectful, and focused on your child’s best interests. Family court judges are primarily concerned with:
- Whether the order was clear
- Whether the violation was willful
- How the violation affected the child
Having an experienced family law attorney by your side can make a significant difference in how your case is presented and how the court rules.
Why Contempt Cases Can Be Challenging
While contempt is a powerful legal tool, it must be handled with precision. Judges tend to reserve contempt findings for clear, intentional violations rather than minor miscommunications or first-time mistakes.
You must meet a high burden of proof, and errors in filing can delay or weaken your case. For these reasons, working with a skilled custody attorney in San Diego is strongly recommended.
Protecting Your Rights and Your Child
You should not be forced to chase down your legally entitled parenting time. If the other parent is ignoring the court’s order, refusing to cooperate, or emotionally manipulating the child to avoid visits, it’s time to take action.
Custody order enforcement laws in San Diego exist to protect parents and children alike. Holding the noncompliant parent accountable is both your right and in your child’s best interest.
At Mattis Law, A.P.C., we help families navigate these emotionally difficult situations with compassion, strategic legal thinking, and a commitment to results.
What Sets Mattis Law, A.P.C., Apart
Attorney Amelia J. Mattis has been recognized among California’s Top 10 Family Law Attorneys and named to the San Diego Super Lawyers Rising Stars list.
With extensive experience representing clients in high-conflict custody disputes, attorney Amelia excels at crafting legal arguments that reflect both the letter of the law and the lived reality of parenting through conflict. Her practice prioritizes empathy, diligence, and client advocacy—especially when children are caught in the crossfire of parental disputes.
When to San Diego Contact a Custody Attorney
You should speak to a San Diego family law attorney if:
- You’ve been denied parenting time more than once
- The other parent refuses to follow the custody schedule
- There’s a history of interference, manipulation, or threats
- You need help preparing evidence and filing with the court
Acting quickly can preserve your parental rights and provide needed structure for your child.
Speak With Our Experienced Custody Order Enforcement Lawyer in San Diego
Whether you’re dealing with denial of parenting time or repeated custody violations, Mattis Law, A.P.C., is here to support you. Call our family law attorney today at (858) 328-4400 to schedule your free consultation.