What Happens If Your Ex Violates a Custody Order in Virginia?
Child custody disputes in Virginia don’t always end with a judge’s order. Parents often need to return to court because the other party refuses to follow the custody or visitation terms. If your ex is consistently late, denies your parenting time, or otherwise violates a court-ordered agreement, it is vital to be aware of your legal options.
At Schwartz Kalina, PLLC, we help parents in Northern Virginia enforce custody orders and protect their relationship with their children. Here’s what you need to know about enforcing a custody order when your ex refuses to comply.
Legal Remedies for Virginia Child Custody Order Violations
Virginia Family Courts take child custody order violations seriously. If the other parent does not return your child on time, blocks communication, skips scheduled exchanges, or otherwise fails to follow the order, legal intervention may be required.
The Virginia Code allows you to hold your ex accountable for child custody order violations. Along with imposing fines or other penalties, a family court judge can order remedies that address potential problems and adjust the schedule for fairness. Enforcement actions include:
- Filing a Motion for Contempt, in which you ask the court to hold your ex legally accountable for violating a custody or visitation order.
- Requesting make-up time, in which the court may order additional visitation to compensate for missed time.
- Asking for supervised visitation, which may be appropriate if your ex’s behavior endangers your child or shows disregard for court orders.
- Modifying your custody order if violations are ongoing.
Documentation is key in these cases. Detailed records of missed visits, denied pickups, communication interference, or other problems are common types of evidence that help to build a strong case.
When To Seek Child Custody Modifications In Virginia
Some custody violations rise to a level that a permanent change in the arrangement may be necessary. You can request modifications to a Virginia custody order through the Virginia Juvenile and Domestic Relations Court if there’s a material change in circumstances and the change is in the child’s best interests. Examples include:
- The other parent repeatedly violates the existing court order.
- The child’s emotional or physical well-being is affected.
- There’s evidence of parental alienation or interference.
- The other parent relocates or creates logistical barriers to visitation.
- Your child expresses a clear, age-appropriate preference.
In these cases, you can ask the court to revise the schedule, reduce the violating parent’s time, or require supervised visitation.
To Protect Your Parenting Rights, Contact Our Experienced Virginia Child Custody Attorney
If your ex violates a child custody order in Virginia, the courts have tools to enforce compliance and protect your parenting rights.
Schwartz Kalina, PLLC has decades of combined experience helping clients in these cases. We provide the trusted, local legal representation you need to address problems that can impact the well-being of both you and your child. To request a consultation with our Virginia child custody attorney, reach out and contact us today.
Sources:
law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-292/
loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
