Violations of a visitation agreement or a child custody arrangement can be serious and sometimes frightening because they might involve actions that pose a threat to a child’s well-being. If you think that your child is involved with a breach, you have a lot of options both under civil and criminal law enforcement. Regardless of whether the remedy is sought under civil or criminal legislation, the other party is entitled to notice and a proper hearing.
Civil remedies generally involve some kind of monetary reimbursement or court order decreeing the other spouse do something or refrain from doing something. Unlike legal remedies, civil remedies are directed at relieving the wrongdoings as opposed to punishing the individual. Some civil remedies for violations of a child custody order are:
- Contempt of court: The court may hold the violating party in contempt of court when there’s been a prior court order involved. Contempt of court involves orders and directions, as well as a fine for the offending party, such as returning the other parent the child.
- Injunctions and Restraining Orders: These are court orders which require another party to take certain courses of action or to refrain from certain acts. These can include orders to remain a certain distance from orders or a young child. The party seeking an injunction or restraining order must usually have the ability to prove that other remedies (such as money damages) are insufficient to fix the situation.
- Monetary compensation: In certain cases, one parent might be able to obtain money damages when the breach has resulted in ascertainable (provable) losses into the parent or child. Learn more on how you could Modify or enforce your legal agreement here.
- Modification of the kid custody/support/visitation arrangement: Sometimes the offending spouse may be in violation just because the child custody or visitation agreement has no longer become practical. For example, this might be due to a change in employment or move. Changing the agreement may be peaceable means to avoid conflicts.
In serious circumstances, the court may opt to enforce criminal sanctions in attempts to enforce a child custody arrangement. Unlike civil remedies, these are meant to punish the partner in addition to deter future violations of these agreements. They are typically reserved for cases like those involving repeated or kidnapping violations occurring over an extended time.
- Criminal liability: When there are criminal charges involved like kidnapping or false imprisonment, then a criminal suit could be initiated against the other party. A lawyer Will Have the Ability to determine whether criminal charges lie and if a criminal suit will be successful
- Punitive Modifications of Custody Order: The judge may choose to alter the custody or visitation arrangement, as in a civil treatment. Under a criminal, punitive modification, the changes will be made to reflect a punitive intent to apply the decree, like reducing visitation time or eliminating rights.
- Posting of a bond: A bond is a certain amount of financial payment that is issued on the offending party to induce them to obey the agreement. If the person can’t afford to cover, a lien could be levied against their house like other possessions or a house.
- Contempt of court: This is similar to civil contempt of court, except in criminal contempt of court, the violating party can’t avoid jail time by paying a commission. Usually reserved for repeated offenses of custody arrangements or to enforce prior cases of contempt.
Remedies for Instances not Involving a Custody Order or Visitation Agreement
In some cases, clear violations of this law may happen even before a child custody agreement has been reached. Although if a breach occurs, it is always best to be instantaneous in obtaining a child custody arrangement, the action may be taken by a parent in the absence of an agreement:
Sue for interference: The aggrieved party can occasionally file a claim for interference if the violation has led to some kind of loss to the parent (usually addressing child support). Some countries have statutes, although this is seldom granted. When the other individual has planned to cause such distress during their 24, the parent could sue for infliction of emotional distress.
Criminal Fees: As discussed above, criminal charges could be pressed when the person in breach has committed some form of crime like kidnapping. In such situations, the charges may be pressed in the absence of an official custody and Custody Visitation agreement.
Exercise of”Court Discretionary Powers”: In child custody cases, courts have much discretion to make decisions that are in the best interest of their child. “Discretion” means that the court can exercise their powers of judgment to create a judgment or decision, even if such ruling may be contrary to public policy or case law. For instance, the court may opt to require additional mandates aside from a custody order that is regular or to enforce restrictions on the parent.