When a parenting order is in place, both parents are legally required to follow its terms. These orders are designed to provide stability, consistency, and predictability for children after separation or divorce.
If your former partner/spouse is not following a court order, the situation can be frustrating, stressful, and upsetting. Understanding your legal options can help you respond effectively while protecting your rights.
Once a parenting order is issued, both parents must follow its terms unless there is a variation of the order.
Misunderstandings or scheduling conflicts that are part of everyday life, are not necessarily characteristic of non-compliance with a court order. These instances can be resolved through respectful and direct communication. If appropriate, consider discussing communication strategies to help assist to resolve these issues.
Mediation may also help parents address ongoing disputes without returning to court, or when communication strategies are not resolving matters.
If you notice a pattern of continued non-compliance, it is important to keep record of these examples, including:
- Dates and times;
- What occurred;
- Copies of text messages, emails, and other communications; and
- Any witnesses who observed the situation.
Non-compliance with a court order may go to the extent of a parent being in contempt of a court order, which serious instances can include:
- Withholding information about the child's health, education, or activities;
- Refuse to allow scheduled parenting time or visitation;
- Preventing phone or video contact required by the order;
- Making unilateral decisions that should be part of joint decision making; and
- Relocating with the child without having given required notice or being granted permission when prohibited by the order.
It should also be noted even if the other parent is not complying, it is important to continue following the parenting order unless there is an immediate safety concern. Responding by not following the order yourself can weaken your position if the matter later comes before a judge.
In some situations, a parent may have a legitimate reason for not following a parenting order. For example, if there is a genuine concern about a child’s immediate safety, a parent may need to take protective action. However, even in those circumstances, the courts generally expect parents to seek legal guidance and address concerns through the proper legal channels rather than simply ignoring the order.
If the existing arrangements are no longer working or circumstances have significantly changed, either parent may be able to apply to modify the parenting order.
Examples of substantial changes may include:
- Changes in the child's needs;
- Relocation;
- New work schedules;
- Health concerns; and
- Ongoing conflict affecting the child.
Parenting orders are intended to support a child’s well-being and preserve meaningful relationships with both parents whenever appropriate. When one parent refuses to follow the order, the most effective response is usually to remain calm, document the issues, and pursue the appropriate legal remedies rather than escalating the conflict.
At Family Central Law Office, we can help you determine whether your ex’s conduct amounts to a contempt of a court order and what enforcement options may be available to you.
Depending on the circumstances, we may first write what is called a demand letter to your former partner/spouse seeking compliance with the terms of a court order. If this does not resolve the matter, our office is experienced with seeking the assistance of the court.
If you need assistance in dealing with a former partner/spouse who is not following a court order, contact our team at Family Central Law Office, and we’ll help you better understand your rights, and provide guidance tailored to your situation.
Please contact us today for a free consultation with our family lawyers by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page.
