How Can I Enforce a Child Custody Order?

 Posted on April 24, 2025 in Divorce / Family Law

 When a couple with children gets divorced or separated, a family law judge will make a legally binding court order for child custody. This is intended to provide structure in the child’s life and create a set of standards for the parents to uphold. But what happens if your co-parent refuses to honor a custody order? An Illinois family law attorney can stand up for your rights and help you take appropriate legal action.

At Loire Krajniak Law, LLC, we understand how stressful it can be when your co-parent flagrantly violates a court order. Our child custody lawyer can fight for your right to reasonable parenting time, pursuing an appropriate remedy on your behalf.

Keep Records of Violations of a Custody Order

Before you take your case to a judge, you should take a thorough look at every violation of the court order. Document as many violations as you can, especially if you have texts, phone calls, or emails with timestamps. You may have a more compelling case on your hands if you can show that the most recent custody violation was not an isolated incident.

At Loire Krajniak Law, LLC, we can help you compile all of the relevant documentation to present to a judge. We can argue that your custody rights have been routinely disrespected by your co-parent and call for appropriate action.

Communicate with Your Ex about Custody Order Violations

In some situations, it can be fitting to give the other parent the benefit of the doubt within reason. Prior to taking legal action, you can approach your co-parent to discuss the breaches of the custody agreement. There is always the possibility that there is no malicious intent behind these incidents, but genuine misunderstandings or other reasonable factors that made it impossible for the other parent to uphold your agreement.

When approaching your co-parent with evidence of custody violations, be assertive without attacking. You may be able to work out a solution without the court’s involvement and discuss ways to avoid further disputes. At Loire Krajniak Law, LLC, we can advise you on how to broach this issue with your co-parent and what you should do if the conversation does not go as planned.

Resolving Custody Order Violations in Court

When you are left with no other choice but to take the custody violation to court, our attorney can provide you with aggressive representation. We will present the existing custody order to the judge and indicate the dates and times it was violated by your co-parent while ruling out any valid reasons why this happened.

If the judge agrees that legal action is appropriate, there are various options for what he or she may decide. Parents found guilty of violating their custody orders could be ordered to compensate the wronged parent with extra parenting time. They could also be held in contempt of court for disobeying a judge’s direct order, and this is punishable by hefty fines and possible jail time.

It is important to note that you cannot modify your custody order in a hearing for enforcement of a court order. If that is what you want, you need to handle this request in a separate hearing. Our lawyer can help you petition for a modification of parenting time if it is necessary to maintain your bond with your child.

Meet With a Kendall County, IL Child Custody Lawyer

At Loire Krajniak Law, LLC, our Oswego, IL family law attorney is here to help enforce your parental rights. Call our firm at 630-448-2406 to schedule a free consultation today.