Having a custody order is very important. It tells both parents what they need to do for their kids. But what happens if one parent does not follow the order? This can be very upsetting and hard for everyone.
What Should You Do First if an Order is Broken?
Talk to Your Lawyer: If your ex does not follow the custody order, talk to your lawyer first. They can help you know what to do next. Your lawyer will check the paper to be sure you are right. They will make sure you are doing what you should.
Check the Order: You must read the custody order again. Make sure you are doing all your parts. Also, see if your ex is truly not doing what the paper says. This helps you know if there is a real problem.
- Read your custody paper very carefully.
- Write down what your ex is not doing.
- Be sure you are following all the rules.
- Get any papers that show the problem.
- Keep text messages or emails about missed times.
- Write down dates and times of problems.
Example: Sarah had a paper that said her ex, Tom, must pick up their child every Friday. For three Fridays, Tom did not come. He did not call. Sarah talked to her lawyer. She wanted to know what to do next.
How Do You Ask the Court for Help?
Tell the Judge: If your ex keeps breaking the order, you can ask the court for help. Your lawyer will file a paper. This paper asks the judge to say your ex is not following the rules. This is called asking to hold someone in “contempt.”
Explain to the Court: This paper will ask the judge why your ex should not be made to follow the orders. It is a very important step. It helps the judge make your ex follow the rules. This is how you show the judge what is happening.
You can learn more about how to handle these times by watching this helpful video: How to Enforce a Custody Order if Your Ex Violates It.
- Your lawyer will write the paper.
- The paper tells the court about the broken rule.
- It asks the court to make your ex follow the rules.
- The court will pick a day to hear the case.
- You will tell the judge what happened.
- The judge will choose what to do next.
Example: John’s ex-wife kept their kids longer than the paper said. John’s lawyer filed a paper. This paper asked the judge to make her follow the time rules. The court then called both parents to talk.
Can the Court Change the Order?
Judge Can Change Rules: If your ex keeps breaking the rules, the court can change the custody order. The judge wants both parents to follow the rules and work together. If one parent does not, the judge can make changes.
Big Changes Possible: The court might even change who the kids live with. If a parent does not give the other parent their time, the judge may give the kids to the other parent. This is why following the court’s rules is very important.
For more details on changing orders, visit Modifying Child Custody Orders in Michigan.
- The judge can change how often you see your kids.
- The judge can change who makes choices for the kids.
- The judge can even change who the kids live with.
- These changes happen if rules are broken often.
- The court wants parents to work well together.
- If you don’t, the court can step in and fix it.
Example: Maria’s ex would often stop her visits with the children at the last minute. After many times, Maria went back to court. The judge then changed their order. This was to make sure Maria got her time with the children. Her ex would pay money if it happened again.
Why Is It Important to Keep Notes?
Keep Good Notes: It is very important to write down every time your ex breaks the order. Write down when a child was not dropped off or picked up on time. Also, write down any other times the order was not followed. These notes are very helpful.
Help for the Judge: These notes show the judge a clear picture of what is going on. The judge needs to see proof that the order is being broken many times. This helps the judge make the right choice.
- Write down dates and times of missed pickups.
- Keep notes about any bad things that happen.
- Save any messages or emails about the problems.
- Notes show a pattern to the judge.
- Good notes help your lawyer make a strong case.
- The judge uses facts, not just words.
Example: David kept a book where he wrote down every time his ex was late with their child. He wrote the date, time, and how late she was. This helped his lawyer show the judge how often the order was broken.
What Happens When Court Orders Are Not Followed?
Orders Are Not Ideas: It is key to know that court orders are serious. They are not just ideas. When a judge makes an order, both parents must follow it. If they don’t, there can be big problems.
What Happens if Rules Are Broken: If a parent keeps breaking the rules, the judge has the power to do many things. The judge can make them pay money. They can make them pay for lawyer fees. They can even change the custody order. The court will make sure its orders are followed.
You can learn more by checking out this video: What to Expect if Your Ex Keeps Violating A Court Order – ChooseGoldman.com.
- Court orders are legal rules.
- Breaking them can cause trouble.
- The judge can punish those who do not follow orders.
- Punishment can be money fees or losing time with kids.
- The main goal is for kids to be safe and cared for.
- The court has much power to make sure rules are kept.
Example: A mother was told by the court to share school papers with the father. She would not do it many times. The judge then made her pay money. The judge also said she might lose some time with her child if she did not share the papers quickly.
When Should You Get Help from a Lawyer in Michigan?
Lawyers Know the Rules: Dealing with custody problems in Michigan can be very hard. Lawyers who work with family law in Michigan know all the rules. They can help you know what you need to do. They can also tell you what your rights are. This is very important.
Goldman & Associates Can Help: Our firm, Goldman and Associates, helps people with family law in Michigan. We work on these types of cases. We can help you if your ex is not following a custody order. We are here to help you get the best way out.
If you need help with a custody issue, contact Child Custody Attorneys in Michigan for support.
- Lawyers know about Michigan family laws.
- They can help you file the right papers.
- They can speak for you in court.
- We help people in Michigan with family problems.
- We know how to handle custody paper issues.
- Our goal is to help you and your children.
Example: Mike tried to talk to his ex for weeks. Nothing changed. He then called Goldman and Associates. His lawyer quickly helped him file the right papers. This helped him get his time with his child back. This made things much better.
What Kind of Notes Should You Keep?
Always Write Things Down: It is very important to keep notes about everything that happens. Write down dates, times, and what happened when the order was not followed. This can mean late pickups, missed visits, or other problems.
Save All Messages: Also, save any text messages, emails, or voice messages that show your ex is not following the order. These messages can be good proof. They show the judge exactly what has been going on. The more proof you have, the better.
- A small book or diary for dates and times.
- Copies of text messages or emails.
- Notes about phone calls and what was said.
- Proof of broken rules helps your case.
- These notes show a pattern to the judge.
- They make what you say stronger in court.
Example: When his ex said she was sick and could not drop off their child, Mark wrote it down. He also saved the text message. When she did this a few more times, his notes and texts helped his lawyer show the judge how often visits were missed.
How Can the Court Make Orders Be Followed?
The Judge Can Make Them Listen: The judge has many ways to make sure their orders are followed. They can tell the person who broke the rules to do certain things. This is to make sure the children are okay and the order is kept.
Court’s Power: The court can make the parent who broke the rule pay for the other parent’s lawyer fees. They can also set up a plan to make up for time missed with the kids. In very bad cases, the judge might even change who has the kids.
For more information, see this article about Family Law Attorneys in Michigan.
- Order new rules for visiting the kids.
- Make the person pay money fines.
- Order special classes for the parent.
- The judge wants what is best for the kids.
- They will make sure parents follow the rules.
- The court can act fast if needed.
Example: A father often ignored calls about his child’s health. The judge then told him to pay for a special phone line for parent talks. This showed the judge was serious about parents talking about their child.
Extra Insights
Working with Your Lawyer: When you work with your lawyer, be open and tell them everything. Tell them every small detail. Your lawyer can help you best if they know all the facts about your case.
Plans for the Future: Sometimes, making an order be followed is not just for one time. It’s about making sure the rules are followed for a long time. Your lawyer can help you think about ways to keep things good for your kids in the future. This may mean getting stronger rules in the order.
Frequently Asked Questions (FAQs)
What is a custody order? A custody order is a paper from a judge that says who the children live with and how parents share time. It also says who makes big choices for the children.
What does it mean if a custody order is broken? It means one parent is not doing what the judge’s paper says they must do. This can be not showing up for visits or not letting the other parent see the kids.
Do I need a lawyer if my ex breaks the order? Yes, it is best to get a lawyer. They know the law and can help you file the right papers with the court to fix the problem.
What is a motion to hold in contempt? This is a paper your lawyer files. It asks the judge to punish your ex for not following the court’s order. It tells the judge your ex is breaking the rules.
Can I just stop my ex from seeing the kids if they break the rules? No, you should not stop your ex from seeing the kids without a new court order. Doing so can cause problems for you with the judge.
What kind of proof do I need? You should keep notes of every time the order is broken. This includes dates, times, and notes about what happened, like texts or emails.
Can the judge change the custody order if my ex keeps breaking it? Yes, if your ex keeps breaking the rules, the judge can change the order. This might mean changing who has custody or how much time each parent gets.
What can the judge do to punish my ex? The judge can make your ex pay money, pay your lawyer fees, or even change the custody order. The judge wants to make sure the rules are followed.
How long does it take for the court to help? It depends on how busy the court is and how fast your lawyer files the papers. It can take some weeks or months to get a court date.
What if my ex takes the kids and leaves the state? This is a very big problem. You need to call your lawyer right away. The court can make orders to get your children back.
Will I have to go to court? Yes, most likely. You will need to go to court with your lawyer. You will tell the judge what happened and why your ex needs to follow the order.
What if my ex says I am the one breaking the order? This is why keeping good notes is so important. Your notes will show the judge that you are following the order and your ex is not.
If your ex is not following a custody order, get help now. Call Goldman & Associates today. You can call or text us at (248) 590-6600 for a free talk about your case. You can also schedule your free talk or visit ChooseGoldman.com to learn more about how our Michigan Divorce Attorneys can help you.