Enforcing a Child Custody Order in California
Getting a child back from a parent that disobeys custody orders can be hard. Here’s how to get your child back from the noncustodial parent in California.
If a custody order is in place, custodial parents can get their child back from the noncustodial parent by either calling the police or filing a contempt action with the court. Once the police won’t get involved, enforcing a child custody order can be a long, difficult process.
Try to Convince the Noncustodial Parent to Give the Child Back
If you haven’t already, call the child’s parent and convince them to obey the custody order. Try to get someone else to speak to them on your behalf if you can’t reach them. Tell them that if they don’t like the terms of custody, they must modify the order legally rather than defy the existing custody order. Explain to them that the custody order has the force of law and that they can be charged with civil or criminal penalties for willfully disobeying it. Threaten to call the police and pursue legal action. If the noncustodial parent still doesn’t budge, you’ll need to take stronger actions to get your child back.
Don’t Try to Physically Take Back the Child
Do not try to take the child yourself. This almost always backfires and can have dangerous physical, emotional, and legal consequences for you and your child. Attempting to take your child back by force can really exacerbate an already tense situation. If your child is in danger, call the police immediately. The police will undoubtedly protect your child if they believe an imminent threat is present.
Call the Police and Ask Them To Enforce The Child Custody Order
If the noncustodial parent refuses to give up the child under any circumstances, call the police. Once the police show up, they’ll probably say that they’re unable to take action because this is a “civil” matter, as opposed to a criminal matter. What they mean is that custody disputes are usually handled in civil courts rather than criminal courts. Police likely won’t take action unless they believe a crime has been committed. Violating a child custody order is typically a civil offense, and thus cannot typically be administered by a police officer.
If you and your child are not in danger, police will probably explain that this a civil matter and try to stay out of it. If calling the police didn’t help you get your child back from the noncustodial parent, you’ll need to take legal action.
Hire An Attorney
Taking legal action to enforce a child custody order can be extremely difficult, so it’s important to have effective counsel and representation. An experienced child custody attorney can help you properly enforce a child custody order. Contact Her Lawyer to get in touch with one of our skilled child custody attorneys for women.
File a Contempt Action
The most effective way to get your child back from the noncustodial parent is to have your attorney motion for contempt of court. A contempt action can find your child’s parent in contempt of court. Contempt of court is a criminal offense for violating a civil judgment; in this case, a child custody order. A contempt action will order the parent that disobeys the court order to either follow the court order or face criminal or civil punishment. If your child’s parent is found in contempt of court, meaning he or she willfully disobeyed a court order, he or she may be sentenced to civil or criminal penalties.
Once a noncustodial parent is held in contempt of court for willfully disobeying the child custody order, police can legally enforce the order. Contact an attorney to properly file a contempt action.
Civil or Criminal Penalties: Contempt of Court for Violating a Child Custody Order
If a parent is held in contempt of court for willfully violating a child custody order, that parent may be subject to the following civil and criminal penalties:
- Reduced visitation
- Reduced custody
- Fines
- Jailtime
Being held in contempt of court for willfully disobeying a child custody order is a serious criminal offense. Contempt charges can even land an offender in prison, in more serious cases.
Keep Detailed Records of Visitation and Custody
It’s important that your document every time the noncustodial parent violates or neglects the child custody order. This can help build your case and increase the chances of the noncustodial parent being held in contempt of court. Once a noncustodial parent is held in contempt of court, police can legally enforce the child custody order.
FAQs About Enforcing Child Custody
Can police enforce a child custody order in California?
Police can enforce a child custody order if a crime has taken place. The police will probably say they’re unable to take action because this is a “civil” matter, rather than a criminal matter. Violating a child custody order is typically a civil offense and will not be administered by police.
Will police enforce a child custody order in California?
Police likely won’t enforce a child custody order unless they believe a crime has been committed. Once the police arrive, they’ll probably say that they’re unable to take action because this is a “civil” matter, as opposed to a criminal matter.
If you or your child are in physical danger, explain so to the police and they will take action.
Contact Us
If you want to get your child back from the noncustodial parent in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Your first consultation is free.