How to address custody order violations in North Carolina

On Behalf of | Aug 22, 2024 | Family Law |

During the divorce, you and your former spouse might need to discuss matters involving your child, including custody arrangements and visitation details. In theory, these conversations are straightforward, but conflicts and contradicting opinions can get in the way, impacting what happens next.

When the court intervenes and helps finalize relevant decisions, the judge may formalize the terms in a custody order. It is a legally binding document compelling you and your former spouse to follow decisions made in court.

Requesting the court to enforce the order

It is usual for either party to make mistakes when implementing what is in the order. It only becomes an issue if the violations are repetitive, causing disruptions in the child’s life. If your former spouse becomes a habitual violator, you could ask a judge to enforce the document appropriately.

To do so, you will need to file either a motion for order to show cause or for contempt. This step can allow the judge to hold the violating parent in contempt of court because of failing to follow the order. If the court finds that the parent committed violations, the judge can impose penalties as punishment or deterrent for future incidents.

Various sanctions can apply, ranging from fines to jail time. Since the repercussions can be considerable, the reason for filing the motion should be valid.

Knowing how to approach custody-related issues

Navigating concerns about child custody can be tricky, especially when matters are left unresolved after divorce proceedings. You or the other parent can raise issues long after the court provides a custody order. Whether it involves violations or other factors, seeking legal counsel can be helpful in these scenarios.