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  5. Enforcing Custody and Visitation Orders in California

Dedicated Attorneys Enforcing Your Custody And Visitation Orders In Riverside

Are you struggling with a co-parent who won’t follow the visitation schedule set by the court? Perhaps you’re not getting the time with your child that you’re entitled to, or you’re facing accusations of breaking custody visitation rules. These issues can be stressful for parents and confusing for children.

In California, custody and visitation orders are legal documents that outline how parents share time with their children after separating or divorcing. If a parent does not follow these orders, the court can help enforce them to ensure proper parenting arrangements and protect the children’s stability. At Cullen Family Law Group, our attorneys bring a unique perspective to these custody issues. With our Certified Family Law Specialists, we effectively represent parents in custody disputes throughout Riverside County.

Common Violations Of Custody And Visitation Orders

Misunderstandings and mistakes can happen. However, there are some issues that can upset family stability and may require legal action. This can include:

  • Complete denial of visitation: Refusing to make children available during scheduled periods
  • Chronic lateness: Consistently returning children late or not having them ready for pickup
  • Holiday/vacation conflicts: Ignoring court-ordered holiday rotations or travel notification requirements
  • Parental alienation: Undermining the child’s relationship with the other parent
  • Communication interference: Restricting phone calls, texts or video chats between child and parent
  • Unauthorized relocation: Moving children without permission or proper notification

Co-parents can resolve minor issues through discussion. However, ongoing problems might need formal action. Courts take these issues seriously, especially if they harm the child’s relationship with either parent.

If you think your co-parent is breaking visitation rules, it’s important to keep documentation. Note each incident with dates, times and any related communication. This information might be necessary if you take the matter to court.

Your Legal Options For Enforcing Child Visitation Orders In California

If your co-parent consistently violates custody and visitation orders, there are several options you can pursue to enforce them:

  • Filing a motion for enforcement or contempt: This process begins with submitting a Request for Order to the court. It must specify the violations, with evidence showing how and when the other parent failed to follow court orders. If the judge finds the parent willfully disobeyed valid orders, they may impose fines or make up for lost visitation time. In cases involving parental abduction or concealment, they may face criminal charges.
  • Attending mediation: Before most enforcement hearings in Riverside County, parents might need to meet with court mediators. However, you can try to solve issues with your co-parent on your own. Mediators can help find solutions to compliance problems and ease ongoing conflict. This step lets parents settle issues without a formal hearing, which can save time and reduce stress.
  • Getting help from police: Officers can step in if a child isn’t returned after visitation or if there’s immediate danger. However, they need clear, current court orders that allow them to act. They cannot resolve unclear provisions or schedule disputes.

Your legal options depend on how serious, frequent and impactful the violation is on your child’s well-being. Our lawyers can explain all the possibilities for your situation.

The Consequences Of Violating Custody Orders

If a parent doesn’t follow custody visitation rules in California, the court might order them to:

  • Attend co-parenting classes
  • Participate in mediation
  • Undergo counseling to address underlying communication issues

When one or both parents repeatedly ignore orders, the court might evaluate the family situation and suggest changes. In serious cases, judges can impose fines, require payment of legal fees or assign community service. The court might also change the visitation orders to include clear terms, supervised exchanges or supervised visits if the conflict is harming the children.

Criminal charges can apply if a parent abducts or hides a child. This includes:

  • Relocating a child across county or state lines without court approval
  • Refusing to return a child after visitation
  • Using false identities
  • Deliberately interfering with court-ordered custody exchanges

Riverside County has a Child Abduction Unit for serious violations. These can lead to fines and jail time, which are the most severe actions in custody enforcement cases. 

When To Consider Modification Instead Of Enforcement

In some cases, asking for a modification is better than enforcing the current order. To do this, you may need to prove “changed circumstances” that benefit the child’s well-being. One parent repeatedly breaking the rules might justify a change, especially if they hinder the child’s relationship with both parents. Changing visitation is generally simpler than altering primary custody.

If there is an immediate threat, such as a parent’s substance abuse or unsafe conditions for a child, California courts can quickly make emergency changes. They can issue temporary orders to keep children safe while deciding on long-term solutions.

Let Us Help You Protect Your Parental Rights: Call Us Today

At Cullen Family Law Group, we understand the frustration and concern parents feel when their co-parent ignores court orders. Our attorneys can walk you through all your options, aiming for a resolution that ensures your children’s safety and well-being.

Contact us today to schedule a consultation at either our Riverside or Temecula office. Call 951-715-4632 or fill out our online form here. 

Practice Areas

  • Family Law
    • Adoption & Guardianships
    • Domestic Violence
    • Out of State Clients
    • Same-Sex Family Law
    • Stepparent Adoptions
    • Emergency Family Law Hearings in Riverside and San Bernardino
    • Request for Order (RFO): What It Is and How It Works
    • Unbundled Family Law Services
  • Divorce (Dissolution)
    • Contested vs. Uncontested Divorce
    • Domestic Partnerships
    • Estate Planning In Divorce
    • Grey Divorce
    • High Net Worth Divorce
    • Legal Separation
    • Mediation / Collaborative Divorce
    • Prenuptial & Postnuptial Agreements
    • Same–Sex Divorce
    • Spousal Support
    • Dissolution Timeline
    • Divorce Do’s and Don’ts
    • Divorce When There Is a Business Involved: Protecting Your Rights
    • What to Do If You’ve Been Served Divorce Papers
  • Child Custody & Visitation
    • Child Custody Overview
    • Fathers’ Rights
    • Grandparents’ Rights
    • Modification Of Child Custody Orders In California
    • Parental Relocations / Move-Aways
    • Parental Rights / Paternity
    • Enforcing Custody and Visitation Orders in California
    • Emergency Custody Orders in California
    • Move–Away Orders: When One Parent Wants to Relocate
    • Understanding 730 Child Custody Evaluations in California
    • Communicating With Your Children
    • Parental Alienation
    • Parental Interference
  • Child Support
    • Modifications (Child Support & Alimony)
    • Spousal Support / Alimony
    • Wage Garnishments (Collection of Support)
  • Estate Planning In Divorce
  • Guardianship & Adoption
  • Legal Separation
  • Military Divorce
    • Military Pension
    • Dividing CALPERS, Military, and Government Pensions in Divorce
  • Property Division
    • Business Valuations & Business Controllable Cash Flow
    • Hidden Assets
    • Property Rights: Simple & Complex
    • Property Settlement
  • Spousal Support
    • Spousal Support / Alimony
    • Spousal support in CA: Why does the date of the settlement matter?

Find Out How We Can Help You.

Call 951-715-4601, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
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