When Is It Legal to Violate your Custody Order?

Wednesday, October 25, 2017
When Is It Legal to Violate your Custody Order?

Timesharing orders are legally binding. If you have a custody order in place after your divorce, you are required to comply with its terms or face penalties for being in contempt of court. However, there are circumstances under which you might feel you have to violate your timesharing order for your child’s benefit.

Violating your timesharing order is an act of indirect contempt of court. To face the penalties for contempt of court, the court must prove that you willfully violated your court order without justification to do so. Under certain circumstances, you are completely justified in violating your child custody order.

If you Feel your Child is in Danger with the Other Parent

If you feel that returning your child to his or her other parent would put the child in danger, you can keep him or her after your time together ends. Tell your lawyer if you choose to do this and take the appropriate action to protect your child, such as bringing him or her to the hospital if you suspect he or she has been physically abused. Keep all documentation of your interactions with your lawyer and others, like your child’s pediatrician or law enforcement, to support your choice to violate your custody order.

Types of Custody Order Violation

Timesharing order violations go beyond keeping your child with you after he or she has to go back to your former partner. Your violation could be:

  • Moving more than 50 miles away with your child without your former partner’s consent;

  • Violating the restrictions on your time with your child, like drinking alcohol despite the court prohibiting drinking while you are with your child; and

  • Engaging in prohibited activities while your child is with you. Your timesharing order might prohibit you from discussing religion around your child or speaking negatively about your former partner. These actions are violations of your court order.

Draper Law Office Can Help you Navigate the World of Parenting After a Divorce

Speak with one of the experienced family and divorce lawyers at Draper Law Office to find out your rights as a parent and what you can do if you feel you need to change your child’s timesharing arrangement. An experienced family lawyer can defend your reason for violating your custody order if you had a valid reason to do so. Start your conversation with us by calling (866) 767-4711 or visiting our website to set up your free, no-obligation consultation in our office.



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