Enforcement orders, like custody and parent-time orders, are legally binding directives by the court that must be followed. It is important for all involved parties to remember that the orders given are not mere suggestions. At Christensen Law, we are dedicated to helping our clients enforcing orders when necessary.
The Importance of Court Orders
Court orders for custody and parent-time are designed to serve the interests of the child involved. These orders define the rights and responsibilities of the parents, including living arrangements, schedules for visitation, financial support, and more.
A common misconception is the notion that custodial parents can withhold parent-time as retaliation for unpaid child support. This violates the court order and potentially harms the child by depriving them of valuable time with the non-custodial parent. Similarly, a parent cannot refuse to pay child support because their parent-time is being denied by the other party. These orders are in place to ensure that the child or children’s needs are met, regardless of the parents’ situations.
Next steps when court orders are not being followed
When a party is not complying with an order, the aggrieved party has legal recourse to seek enforcement, but it must be done quickly. Delaying enforcement may signal to the court that the issue may not be of significant concern, potentially weakening your position. It’s important to note that courts aim to avoid assigning excessive makeup time, instead, focusing the child’s best interest.
Enforcement actions include:
- Filing a motion: Filing an enforcement asks the court to enforce the order that is not being complied with, whether that be child support payments, visitation, or any other provision.
- Court review and enforcement: Upon reviewing the motion, the court may issue an enforcement order. This could include a judgement for any money owed, such as back child support, or specified makeup parent-time for visits that were wrongfully denied.
- Contempt of Court: In severe cases, the court may find the non-compliant party in contempt of court, which means the individual has acted in a way that disrespects or disregards the court’s authority, potentially leading to penalties such as fines, mandatory corrective actions, or even jail time, depending on the nature and the severity of the behavior.
Contact Christensen Law Today for Assistance Enforcing Orders from the Court
With over 30 years of experience in family law, we understand the complexities that come with custody and parent-time issues. Our experienced family law attorneys and staff will help you navigate the enforcement process, allowing you to achieve your desired outcome.You can contact us today by calling (801) 303-5800 or contact form to schedule a consultation.