Custody orders in California are legally binding court documents, also referred to as legal documents or a child custody order, that establish the custodial rights and responsibilities of each parent. These orders typically address both custody and visitation arrangements, defining physical custody (which determines where the child resides) and legal custody (which governs who makes important decisions about the child’s life). California Family Code governs custody orders and emphasizes the best interests of the child in its application. Violating these court orders can result in serious legal consequences and significantly impact your co-parenting relationship.

Illustration of father visiting child

Being Aware of the Requirements of Your Order

It’s crucial that you thoroughly understand what your specific child custody order requires, as each order is tailored to the unique circumstances of your family. Courts consider factors such as each parent’s work schedule, the child’s needs, and the family’s specific situation when crafting these orders. Your child custody arrangement may include joint custody, sole custody, or a combination that works best for your child’s well-being. Effective communication between parents fosters successful co-parenting and reduces misunderstandings. Courts expect parents to act in the child’s best interest, and retaliatory behavior is discouraged during custody disputes. These custody arrangements form the overall structure that governs how parenting responsibilities are shared.

Whether your order addresses physical custody, legal custody, visitation schedules, or decision-making responsibilities, you must be familiar with every detail. The custody agreement is a legally binding arrangement that both parents must adhere to. For instance, if you have joint legal custody, both parents typically have the right to make important decisions about the child’s education, healthcare, and welfare. Making unilateral medical decisions when the other parent shares legal custody rights could constitute a violation. Similarly, failing to follow the established visitation schedule or violating a visitation order by preventing the other parent from exercising their court-ordered time with the child can lead to legal complications. No parent should take matters into their own hands when dealing with custody order violations; legal channels should be followed.

When the Other Parent Violates an Order

If your child’s other parent is not complying with the custody order, documentation becomes your most valuable tool. Keep detailed records of every violation, including dates, times, and specific circumstances. Text messages, emails, voicemails, photographs, and videos can serve as compelling evidence should you need to return to court. Even maintaining a simple log with dates and descriptions of violations can be incredibly helpful in establishing a pattern of non-compliance. Common violations include missed exchanges, late pickups, denial of visitation, or situations where a parent is denied the right to spend time with their child. Miscommunication or occasional tardiness does not typically constitute a severe breach of custody orders. Be sure to document each instance thoroughly.

Remember that isolated incidents, unless they’re particularly severe or dangerous, may not carry much weight in court proceedings. However, repeated violations—especially willful violations—demonstrate a consistent pattern of disregarding the court order, particularly a child custody order, and can face legal consequences, being viewed much more seriously by a judge. Ongoing violations can signal to the court that a parent is unwilling to co-parent, which may affect future custody decisions. This documentation helps show that the violating parent has willfully violated their legal obligations and potentially put the child’s best interests at risk, raising the question of what the consequences are for violating a California custody order.

Can the Cops Be Called for a Custody Order Violation?

Law enforcement can intervene in certain custody order violations, particularly in emergencies. One common scenario that may warrant police involvement is when a parent refuses to return the child after their scheduled visitation time ends, highlighting the need for California criminal defense attorneys in such cases. More serious situations that require immediate police intervention include cases where a parent abducts the child in violation of the custody order or engages in behavior that puts the child’s safety at risk.

Child abduction, which involves taking a child without the other parent’s consent or in violation of a custody order, is considered a serious crime in California. A parent who abducts their child may face criminal charges; the crime charged is typically defined under California Penal Code § 278.5 PC, which addresses the deprivation of custody or visitation rights. Under this penal code section, penalties can include imprisonment pursuant to the statute, incarceration in a county jail, or both. The section limits for these offenses include fines of up to ten thousand dollars ($10,000), possible imprisonment in state prison, or a lesser amount of dollars, and both that fine and imprisonment are possible consequences. The laws governing these offenses are found in both the Penal Code and the Family Code. However, in most routine custody disputes, police officers are limited in how they can assist since these matters are typically considered civil rather than criminal issues. Officers can usually only step in to ensure the child’s immediate safety and welfare.

The person who violates the custody order can be charged under the penal code, and a custody order obtained after the abduction or withholding does not serve as a defense to the crime charged.

In certain circumstances, police intervention may be warranted, and California criminal defense attorneys can provide guidance and representation for those facing such allegations.

Court Action for Violations of Custody Order

When you’re dealing with a co-parent who repeatedly violates your custody order, filing a motion to enforce the order may be your best option. This legal request prompts the court to schedule a hearing where you can present your documented evidence of the violations, potentially leading to court charges against the violating parent. In California, parents can file a motion in court to enforce custody orders or hold the violator in contempt. The court has several tools at its disposal to address non-compliance with custody orders, including the court’s contempt power to enforce compliance.

A judge might start with what amounts to a firm warning, reminding the violating parent of their legal obligations under the court order. However, if the court finds that a parent has violated the order, the parent may face legal consequences under civil procedure, such as fines, changes to the visitation schedule, or even modifications to the custody arrangement itself. Penalties for contempt in California include fines of up to $1,000, jail time of up to 5 days for a first offense, and community service of up to 120 hours for a first offense. A judge may also order a violating parent to attend mandatory parenting classes if they are found in contempt of a custody order. In extreme cases, where violations are severe, the court may impose more serious penalties, including incarceration or significant changes to custody. In cases where violations have significantly impacted the child’s well-being, the court might consider changing joint custody to sole custody to better protect the children and prioritize the child’s well-being.

Contempt Hearing for Custody Order Violations

For habitual or severe violations, you may request a contempt hearing where the court determines whether the other parent willfully and intentionally failed to comply with the custody order. If the parent acted in good faith, meaning with an honest belief and reasonable grounds, the court may consider this as a mitigating factor. Additionally, issues such as domestic violence may impact how contempt proceedings are handled. Contempt proceedings can result in serious consequences, including substantial fines or even jail time, though incarceration is typically reserved for the most egregious cases.

The primary purpose of a contempt hearing is to enforce compliance with court orders and emphasize the importance of following legal directives. This includes obligations to pay child support or meet other child support responsibilities can also lead to contempt actions. Encouraging a positive relationship between the child and both parents over the years, ideally starting from a young age and lasting for eight years or more, contributes to the child’s emotional well-being. The court’s ultimate goal is always to protect the child’s best interests and ensure that both parents understand the serious nature of their legal obligations. Before pursuing contempt proceedings, carefully consider whether this step is necessary and proportionate to the violations that have occurred.

If you are facing repeated violations, a legal option, such as a contempt hearing, is available to parents. It is important to keep thorough documentation, especially to protect yourself if you are ever falsely accused of violating a court order, which could lead to penalties, including jail time of up to one year. Seeking support through classes or counseling can assist parents in navigating the emotional challenges of co-parenting, helping them manage stress and maintain focus on their child’s best interests.

Child Abduction and Custody Orders

Child abduction is one of the most serious violations of a custody order under California law. In the context of family law, child abduction occurs when one parent takes, hides, or keeps a child away from the other parent in direct violation of a court-ordered custody or visitation arrangement. This act not only disrupts the child’s life and well-being but also undermines the authority of the court and the legal rights of the lawful custodian, particularly any custody agreement that was established.

California law treats child abduction as a criminal offense, especially when a parent maliciously deprives the other parent of their lawful custody or visitation rights. Even if a person, such as a parent, believes they are acting in the child’s best interests, taking matters into their own hands without court approval can lead to severe legal consequences. The court may issue warrants, involve law enforcement, and even refer the case to the district attorney for prosecution.

For parents, it’s essential to understand that any violation of custody orders—particularly those involving child abduction—can result in loss of custodial rights, criminal charges, and long-term damage to the parent-child relationship. The court’s primary concern is always the child’s safety and stability, and California courts act swiftly to return the child to the lawful custodian and restore the proper custody arrangement, which can include penalties such as both that fine and additional consequences for breaches.

If you are facing a situation involving child abduction or fear that your co-parent may violate your custody order in this way, it is critical to seek immediate legal assistance. Consulting with a family law attorney can help you understand your rights, navigate the legal process, and take the necessary steps to protect your child and enforce the court’s orders.

Alternative Options for Resolving Custody Disputes

Effective co-parenting requires ongoing communication and cooperation, which can be challenging when emotions run high or when parents have different approaches to raising their child. Effective co-parenting also requires open communication and flexibility between parents regarding custody schedules. When both parents share the goal of protecting their child’s best interests, mediation and other conflict resolution methods can be incredibly valuable alternatives to court action.

These collaborative approaches allow parents to work together toward solutions that everyone can accept, often resulting in more sustainable agreements than those imposed by a court. Mediation can help parents address underlying communication issues and develop strategies for preventing future violations. Written agreements can clarify custody and visitation arrangements in mediation, ensuring that both parents have a clear understanding of their responsibilities. Parents can use mediation or informal negotiations to resolve custody disputes before resorting to court enforcement. However, when alternative dispute resolution methods prove unsuccessful and violations continue, filing a motion with the court remains an important option for protecting your rights and your child’s welfare.

Violating any court order can have legal consequences, and child custody orders are no exception. If you need help with a co-parent who is not complying with a court order, contact Sarieh Family Law at (714) 451-4626 for a free consultation. If you’re struggling with a co-parent who consistently fails to comply with your custody order, consulting with a qualified family law attorney can help you understand your options and take appropriate action to protect your child’s best interests. Family law attorneys provide emotional and professional support during custody disputes, helping parents navigate the complexities of the legal process while prioritizing the child’s well-being.