There are a number of issues to settle during divorce negotiations. For parents, their top priority tends to be child custody. Hopefully, you and your co-parent can come up with an agreement amicably that meets the best interests of the child. Failing that, the court will step in and do what they think is in the child’s best interests.
Once set, custody orders are legally binding. A parent may be disgruntled if they do not agree with the order, but they still have to stick to it. What happens, then, if your ex has failed to live up to their end of the arrangement?
What’s the nature of the breach?
Life can throw up unexpected events, and one of these may impact your co-parent’s ability to meet their custody obligations. Ideally, they will let you know beforehand. In an emergency, however, this may not be possible. Generally, the courts will not intervene if the custody order has been breached because of an unpreventable emergency.
Habitual breaches, on the other hand, are a different matter. A repetitive pattern of failing to stick to the custody arrangement will not sit well with the family court. Instability and uncertainty are not good for you or the kids, and you can appeal to the court to take action.
What are the potential remedies?
If your ex has repeatedly broken the custody arrangement, then you can ask the court to enforce the order. They might even make a modification depending on the nature and regularity of the breaches. In severe cases, your ex could even face criminal penalties for contempt of court.
Having a workable and stable child custody arrangement will benefit your kids post-divorce. If you are having issues relating to this matter, be sure to explore your legal options.