Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

What can one do if the other parent violates a custody order?

There are many parents in New York who have custody and visitation orders. These orders can be in place for many years and things change over the years. Everyone also has different types of relationships with the other parent. Some can work well together, and when different issues arise they can work through it to do what is best for the children. Others cannot work together, and refuse to agree to adjustments when they are needed from time to time, but still follow the order.

Other parents may even stop following the child custody order all together and do whatever they feel is right. Generally, when parents decide to stop following the orders, it has to do with the visitation aspect of the order. One parent may not think that the visitation order is fair or convenient, but parents cannot simply violate the order. If parents think the order needs to be changed, they need to attempt to modify the order.

If one parent violates the order, the other one has a couple of options to rectify the situation. If the parent refuses to give the child back when it is time to exchange the child, the other parent can call the police and request assistance in the exchange of the child. This is just a short-term solution though. For the long-term, the parent can file a violation petition in court and attempt to change the order or grant other remedies.

People in New York cannot predict the future and unexpected things come up from time to time. Custody and visitation orders cannot predict these changes either, and parents need to adjust for certain situations. Some parents take it a step further though and simply start violating the order and may not return children to the other parent. There are some immediate remedies, but ultimately the parents may need to return to court to rectify the situation.

Source:, "Child Custody and Visitation in New York" accessed on Dec. 11, 2017

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