How to enforce a child custody order

Enforcing a Child Custody or Support Order | Divorce Law Center

While in an ideal world parents would comply with any custody or support order regarding their child, that does not always occur. It can be frustrating to try to co-parent with a person who is unwilling to abide by the rules set forth by the court. Additionally, a refusal to comply with the obligations set forth in custody and support orders will likely create confusion and turmoil in the life of the child the orders are intended to protect. As such, it is often necessary for one parent to take action to compel his or her co-parent to fulfill his or her parental obligations.

Enforcing a Child Custody Order

If your child’s co-parent refuses to comply with the terms of the order defining custody of the child, there are actions you can take to remedy the situation. First, it is important for you to continue to comply with the terms of both the custody order and any support order for your child, so that the co-parent will not have any grounds for action against you. It is also important to document every instance in which the co-parent does not comply with the custody order, so that if you must file any custody enforcement action with the court, you will be able to support your argument that whatever recourse you seek is necessary.

In a handful of states, such as California, you can ask a court to order the other parent to compensate you for costs incurred, such as transportation or child care costs, when the other parent fails to take the children according to the schedule.

If possible, it is usually best to try to resolve the matter without court intervention. But if that is not feasible, you can file a motion for enforcement, and if necessary, a motion to hold the co-parent in contempt. Depending on the nature and severity of the violation, a court may choose to modify the custody arrangement, fine the parent who violated the arrangement, or choose another penalty it deems appropriate.

Enforcing a Child Support Order

IWO = income withholding order

If the co-parent of your child refuses to pay the child support ordered by the court, there are several ways to enforce the order and collect the money you are owed. First, you must file a petition with the court, asking it to enforce the agreement and hold your co-parent in contempt. If the court finds that the co-parent is in arrears and the debt is not paid prior to the hearing on the matter, the co-parent will be found to be in contempt and ordered to pay the amount owed. If the co-parent fails to appear for the hearing, the court may issue an order for his or her arrest.

If your co-parent continues to avoid his or her support obligation, there are additional means to recover the money you are owed. You can request that the court issue documentation that would allow you to request garnishment of your co-parent’s wages. If the court grants your petition, you will be able to recover a certain percentage of the co-parent’s wages to provide for your child’s support. Additionally, each state has a program that allows for automatic withholding of wages. If your co-parent’s employer is furnished with a valid support order the employer will be required to withhold a portion of the co-parent’s wages and submit it to the proper person or entity so that it may be disbursed to you. Lastly, the IRS has the authority to withhold some or all of the co-parent’s tax refund if it receives notification the co-parent has an outstanding custody support obligation.

Last reviewed October 2022

Child Custody and Support Contents

Enforcing Child Custody and Visitation Orders in California

Find out how child custody and visitation rights can be enforced and modified in California.

By Susan Bishop

In California, parents that are divorced - or separated if they were never married - have to reach agreements on how to divide parenting time and responsibilities. If they can't agree, a court will have to make these decisions for them. Parents can enforce custody or visitation rights most effectively when they have a court order that includes a detailed parenting plan. Parents who work out plans between themselves can ask the court to incorporate their plan into an enforceable custody and visitation order.

For more information on how to develop a parenting plan in California, see Parenting Plans in California, by Lina Guillen.

Enforceable Custody and Visitation Orders

To be enforceable, custody and visitation orders should clearly specify when a child is to be with each parent, including how the parents are to divide time with the child on special occasions such as birthdays, vacations and other holidays. The order should also clearly state how the parents will handle transportation of children between homes and extracurricular activities. While many parents are able to be flexible and accommodate each other's occasional scheduling problems, other parents have a lot of difficulty working together. Parents with high conflict may need to have additional safeguards built into their parenting plans, such as a designation of neutral pick-up and drop-off locations, and possibly even a neutral third-party to act as a facilitator during pick-ups and drop-offs.

Your order should be clear enough to provide guidance to authorities if you need to ask for help. Keep a copy of the order in a safe place where you will be able to produce it if necessary. If you and the other parent will be taking turns picking a child up from day care, school or another location, or if only one parent has the right to pick up a child from any of these locations, it is also a good precaution to provide a copy of orders specifying any restrictions with the person or persons who will be overseeing these transitions, such as your child's teachers or daycare providers.

If you find that the other parent is constantly violating your parenting schedule, keep a journal noting all dates, times and details of the violations. This will be very helpful if you need to go to court to enforce your orders.

If you and the other parent agree to change the terms of your custody and visitation plan in any significant way, be sure to get a new order from the court.

Interference with Custody or Visitation

Unfortunately, it is not unusual for one parent to interfere with the custody or visitation rights of the other parent. The interfering parent may believe (rightly or wrongly) that the other parent poses some kind of a threat, or may be angry because the other parent has not paid court-ordered child support. It is very important for parents to realize that once court orders are in effect, parents can't just take the law into their own hands and deny the other parent access to the child.

In an emergency situation, a parent who believes that a child is in immediate danger of physical or emotional harm from the other parent can take or keep the child for safety reasons, but must follow-up any such action through appropriate legal channels. If you are in this situation, contact the child abduction unit at your local district attorney's office as soon as possible and follow whatever instructions you receive.

Taking or keeping a child away from the other parent in violation of custody and visitation orders can amount to child abduction under California Law.

Enforcing Custody and Visitation Orders

If you have an order in your possession that clearly specifies when a child is to be with each parent, and the other parent is refusing to allow you to see your child during your designated parenting time, you can call your local police and ask them to enforce the order, or you can request help from the child abduction unit of your county district attorney's office.

If one parent is intentionally violating parenting orders, the other parent can also file a contempt action in court. The court will order the noncomplying parent to follow the court orders or face civil or criminal penalties, which in the most severe cases can even include jail time. In California, blocking a parent's access to a child can also be a basis for a change in the parenting plan, including a change in the designation of the custodial parent. If you are considering filing a contempt action, or if you believe that the actions of the other parent are severe enough to require a change in your parenting orders, seek attorney assistance. If you cannot afford an attorney, contact your local superior court to find out whether any free or low-cost legal assistance is available.

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rights of relatives - Legal advice

Pavel Kucherov (Vladivostok) 06/24/2022 Heading: Family

I am 19 years old. My sister is under the care of an uncle and lives with him. I live separately from her. Can I take her to my place? What can I do if my guardian refuses to do so? What rights do I have?

Guardianship, Minor

Tatyana Sayapina

Consultations: 34

By virtue of paragraph 1 of Art. 55 of the Family Code of the Russian Federation "the child has the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives." Just like “grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child” (clause 1, article 67 of the Family Code of the Russian Federation).

A guardian has no right to interfere with communication between a brother and sister, otherwise he may be held liable under Art. 5.35 of the RF Code of Administrative Offenses. If the guardian interferes with your communication with your sister, you can file a complaint with the guardianship and guardianship authorities (clause 3, article 148.1 of the Family Code of the Russian Federation). However, this applies to communication in general.

Based on the provisions of paragraph 5 of Art. 148.1 of the Family Code of the Russian Federation, “a guardian or custodian has no right to prevent a child from communicating with his parents and other relatives, unless such communication is not in the interests of the child. ” The fact that the guardian does not allow the brother to take the sister to visit him seems to be acceptable in principle. In this case, we are talking about the possibility of finding a child in another home for a certain period. And since, by virtue of Art. 25 of the Constitution of the Russian Federation, the home is inviolable, the guardian will not be able to control her and your behavior towards her, while the guardian is responsible for her as a child and can be removed from the performance of the duties of the guardian assigned to him, including in case of improper performance (Art. .29Federal Law No. 48-FZ of April 24, 2008 "On guardianship and guardianship", art. 39 of the Civil Code of the Russian Federation), so he may well consider that the sister’s visit to her brother is contrary to the interests of the child.

Does the guardianship have the right to refuse to take the sister away from the orphanage? The fact is that taking into account the opinion of a child who has reached the age of 10 is mandatory, except in cases where this is contrary to the interests of the child (Article 57 of the Family Code of the Russian Federation). At the same time, the criteria under which such communication is contrary to the interests of the child are not directly defined in the legislation, just as the conditions for ensuring the “best interests of the child” are not defined. In paragraph 1 of Art. 3 of the Convention on the Rights of the Child (approved by the UN General Assembly on 20 November 1989, entered into force for the USSR on September 15, 1990) provides: “in all actions concerning children, whether they are undertaken by public or private institutions dealing with social welfare issues, courts, administrative or legislative bodies, priority is given to the best interests of the child." In practice, the need to ensure the “best interests of the child” is mainly referred to by the European Court of Human Rights (ECHR) (see, for example, paragraph 55 of the judgment of the ECHR dated 12.11.2019in the case "A. v. the Russian Federation” (complaint no. 37735/09), judgment of the ECtHR dated 11.12.2014 in the case “Gromadka and Gromadkova v. the Russian Federation” (complaint no. 22909/10), etc.).

Taking into account the difficult conditions and a number of restrictions at the international level, it seems important to prescribe the criteria for ensuring the “best interests of the child” in the Family Code of the Russian Federation. This will fill the legislative gap in this part, as well as reduce ambiguities in the communication of the child, his close relatives and other persons in practice (after all, the law also does not provide for the possibility of communication with the child of persons who provide special assistance to the child in resolving some issues, for example, they help in case of his illness, etc., but they are not relatives). As a result, the specifics of ensuring the “best interests of the child” remain in each specific case at the discretion, first of all, of the guardian (if a complaint is filed against him, the guardianship and guardianship authorities), and then the court considering the specific case.

Summarizing the above, in this case you have the following way out: if the guardian categorically objects to her visiting you or you, you can visit the guests together with the guardian (with the consent of all parties - you, sister and guardian) . If the guardian clearly interferes with your communication with your sister, file a complaint against him with the guardianship and guardianship authorities. As for your rights, they are specified in the law rather narrowly and generally imply the ability to freely communicate with your sister, taking into account her “best interests” and filing a complaint against the guardian if he violates your rights to communicate with your sister.

In addition, if your sister marries before the age of 18, she will already be fully capable and will no longer need a guardian, she will be able to decide for herself what to do, i.e. will become fully functional. As a general rule, by virtue of Art. 21 of the Civil Code of the Russian Federation, full legal capacity arises at the age of 18.

Thank you:

Release of a guardian or custodian from their duties

Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by local governments, officials, municipal employees of local governments in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.

The subject of pre-trial (out-of-court) appeal are:

violation of the deadline for registration of the applicant's request for the provision of public services;
violation of the term for the provision of public services;
requiring the applicant to provide documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of a public service;
refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
demand from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of a local self-government body, a municipal employee of a local self-government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections.

The complaint is submitted in writing on paper, in electronic form to the local government. Complaints against decisions made by an official of a local self-government body are submitted to the Government of St. Petersburg.

A complaint can be sent by mail, through the MFC, using the Internet information and telecommunications network, the official website of the local government, a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant.

The complaint must contain:

name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last one, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant;
information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments.

The complaint received by the local authorities is subject to consideration within the following terms:

within fifteen working days from the date of registration of the complaint;
within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in case of appealing against a violation of the deadline for such corrections;
at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
refuses to satisfy the complaint.

Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.

When considering a complaint by a local self-government body, a citizen has the right to:

get acquainted with the documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
submit additional documents and materials or apply for their reclamation, including in electronic form;
apply for termination of consideration of the complaint.

In the event that, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office.

The applicant has the right to receive information and documents necessary to substantiate and consider the appeal (complaint). Local self-government bodies, its officials, municipal employees of the local self-government body are obliged to provide the applicant with the opportunity to familiarize themselves with the documents and materials related to the consideration of the appeal (complaint), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contains information constituting a state or other secret protected by federal law.

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in the pre-trial (out-of-court) procedure

If the subject of the complaint (claim) of the applicant is the actions of the local government providing public services, the complaint (claim) may be sent to the Committee for Social Policy of St.