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Steps You Can Take to Enforce Court Orders

Palm Desert Divorce Attorney

At the Law Office of Lawrence W. Novack, I understand the fear of the possibility that your children will be unlawfully taken from you by an unfit ex-spouse. When a court issues an order for child custody following a legal separation or divorce, it is important to take necessary measures to ensure that it is upheld. Additionally, there are steps that you should take so that you are prepared for the worst and can take necessary action should your ex-spouse remove your children from your care.

With 50 years of experience working with divorce law, I have seen many scenarios in which separated parents struggle to adhere to custody court orders. This causes tension, anxiety, and stress on both parties, but especially on the parent who is left constantly wondering where their children are and fearing for their well-being. The very purpose of court-ordered custody is to provide each parent with the peace of mind of knowing when and where their children are spending their time. I can help you understand the steps that you can take to ensure it is enforced.

At the most basic level, when you receive a court order it is important to do the following:

  • Keep a copy of court order in a safe place, and ensure that anyone else involved (i.e. grandparents) has a copy as well.
  • Be sure that the language of the order is clear, and sets explicit details about where and when children are expected to be.
  • Have new court orders written whenever changes to the schedule or decision-making processes are agreed upon by both parents in order to avoid future misunderstanding.

Having a knowledgeable and experienced divorce lawyer in your corner will give you the peace of mind of knowing that court orders are written with clarity. Contact me today and I can help you ensure that your court order reflects the exact, detailed terms of your custody agreement.

What can I do if my ex-spouse violates a court order?

In the event that one parent does not follow court-ordered custody regulations, you do have options. Don't let your ex-spouse take any liberties with your custody agreement; take action to enforce it.

Steps to enforce court orders include:

  • Contacting local police department
  • Contacting the Child Abduction and Recovery unit of your county's District Attorney
  • Filing for contempt with the court to request enforcement and a finding that the other parent deliberately violated the order.

Furthermore, it is important that you keep a written record or journal of every violation made by the other parent. This may allow you to renegotiate the terms of a custody order by proving to a judge that your ex-spouse is an unsuitable guardian for your children.

Be Prepared for Possible Kidnapping

If you are afraid of your ex-spouse unlawfully removing your children from your care, it is crucial that you are adequately prepared for it. At the Law Office of Lawrence W. Novack, I know it is overwhelming to live in constant fear and want to help you find peace of mind by being equipped to handle kidnapping scenarios.

Keep the following records:

  • Lists of addresses and phone numbers for all of other parent' relatives, friends, and colleagues
  • Important information on other parent, including description, passport, social security number, bank account, driver's license number, vehicle description and plate number.
  • Description of children including height, weight, hair and eye color, fingerprints, and any other uniquely defining characteristics.
  • Recent photos of your children and the other parent.

In the event that your ex-spouse kidnaps your children, the following records can help authorities locate them. Additionally, be sure to compose a plan of action with your children by teaching them to use phones and to call home in case anything out of the ordinary occurs.

Have an Attorney You Can Trust On Your Side

Ultimately, your best chance at enforcing court orders is to hire the right divorce attorney who can ensure that the order is well-written, thorough, and clear in setting terms for custody. Call my firm today and I can provide you with legal tools every step of the way to safeguard your children's well-being from an ex-spouse's unwillingness to cooperate.