Once you get a custody and visitation order, you hope that both of you respect and obey the order to the letter. Unfortunately, that is not always the case, and the other parent might violate the order. You should know how to react and deal with a violation for the child's benefit. Below are tips on how to deal with such a violation.
Confirm the Violation
Confirm that the parent violated the custody order before you do anything. Otherwise, you might antagonize them by making false accusations. Read the custody and visitation order, and compare them to the other parent's actions.
Say you think that the parent overstayed with the child. Read the custody order to confirm the visitation's duration. The risk of making a mistake is especially high in the early days after the visitation before you get used to the new system.
Talk With the Parent
Contact the other parent and get their view on the situation once you confirm the violation. Perhaps they didn't mean to violate the order, and circumstances beyond their control caused the violation. Try to make the other parent appreciate the need to obey the custody and visitation order to the letter.
Evaluate the Gravity of the Violation
Although you should both respect the custody order, you do not have to act every time a violation occurs. You should especially restrain yourself from minor violations. For example, you can look the other way if the parent delays with the child for half an hour or so. In addition, you can forgive a one-time violation and only act on repeated acts.
Document the Violation
You should document all custody violations. For example, you can communicate with the other parent via email or text and save the communications. You can keep pictures that show the child's presence with the other parent when the custody order shows that you should be with the child.
Documentation is advisable, even for minor or one-time violations. You should also document violations you manage to solve with the other parent. You do not know what the future holds, and the documentation may help you prove things if the other parent denies the accusations.
Resist the temptation to retaliate if the other parent violates the custody order. For example, do not hold the child longer than you should to compensate for their time with the other parent. Otherwise, your actions will also constitute a custody violation and attract legal consequences.
Consult a family law attorney today.Share