When a California court issues a child custody order, it’s legally binding—and both parents are required to follow it. Unfortunately, not all parents do. If your co-parent is withholding visitation, refusing to return your child, or repeatedly violating the agreement, legal action may be necessary to restore order and protect your parental rights.
At Vatani Heinz Law APC, we help parents in Orange County understand their enforcement options and take swift, strategic steps to ensure that custody orders are respected.
Common Custody Order Violations
Custody disputes don’t always end when the court signs an order. In fact, violations can happen in many forms, including:
- Refusing to exchange the child at agreed-upon times
- Withholding visitation or canceling it without valid reason
- Attempting to move a child without court approval
- Interfering with communication between the child and the other parent
- Making unilateral decisions about education, healthcare, or travel
Even minor or repeated disruptions can negatively affect the child’s stability and the co-parenting relationship. California courts take these violations seriously—especially when they show a pattern of disregard for the court’s authority.
How Enforcement Works
If your co-parent isn’t complying with a custody order, you have several enforcement options under California law:
- File a Motion for Contempt: This asks the court to hold the violating parent in contempt for willfully disobeying a court order. Penalties can include fines, community service, or even jail time.
- Request a Modification: If violations are ongoing, you can seek to modify the custody arrangement to better serve your child’s best interests.
- Seek Law Enforcement Assistance: In some cases, local authorities can enforce custody exchanges or recover a child wrongfully withheld.
- Document All Violations: Keep detailed records of missed visits, messages, and communications—this evidence can strengthen your case in court.
At Vatani Heinz Law APC, we help clients evaluate the best approach based on the facts of their case, focusing on outcomes that preserve both parental rights and the child’s well-being.
When Custody Violations Cross into Parental Kidnapping
In extreme cases, a parent may take or conceal a child in violation of a custody order. Under California Penal Code Section 278, this can be charged as child abduction, a serious criminal offense.
If you believe your child has been taken unlawfully, contact law enforcement immediately. Our attorneys can also file emergency motions with the court to secure your child’s return and ensure protective measures are put in place.
The Role of a Family Law Attorney
Navigating custody enforcement can be emotionally draining, especially when communication with your co-parent has broken down. Having a knowledgeable family law attorney can make a significant difference.
The attorneys at Vatani Heinz Law APC assist clients by:
- Preparing and filing all enforcement motions accurately
- Gathering and presenting evidence of violations
- Representing parents in court hearings
- Requesting attorney’s fees when applicable
- Advocating for custody modifications that prioritize the child’s stability
Our goal is not only to enforce your current order but also to help prevent future violations through clear, enforceable agreements.
Protect Your Custody Rights with Vatani Heinz Law APC
You worked hard to establish a fair custody arrangement—don’t let repeated violations undermine it. Vatani Heinz Law APC provides experienced, compassionate legal representation for parents across Orange County who need to enforce or defend custody orders.
Call (949) 999-2121 today to schedule a confidential consultation. Our attorneys will help you take decisive legal action to protect your parental rights and restore the balance your child deserves.