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Family Law

Options if your ex isn’t following the custody order 

On Behalf of | Nov 1, 2022 | Child Custody |

Toward the end of your marriage, the relationship became toxic. Thus, you decided it would be best for everyone, especially your child, to pursue a divorce. 

The divorce process has reached its conclusion and key matters such as property division and child custody have been settled. Initially, your ex gave the impression that they were relatively happy with the custody arrangement. Unfortunately, you’re a few months into practicing the custody order and they have failed to live up to their obligations.

What are your options in such a scenario? 

Is your ex refusing access to you? 

Your child still lives with their other parent as this was in their best interests. You’ve turned up on the days that you were scheduled for visits, only to be turned away with some excuse. On a one-off occasion, this may not amount to a violation. For instance, if your child woke up that morning and felt seriously ill, then it may not be in their best interest to leave the home. 

However, if this develops into a pattern then it’s more concerning. Your child has no underlying health issues so they can’t be ill every time it’s your turn to see them. If this happens, it’s important to stick to your end of the agreement and make a note of this. Calmly remind your co-parent that the custody order is binding. If they still don’t pay attention to this, you can apply to the court to have the custody order enforced. The family court may even impose penalties on your ex and modify the agreement. 

It can be frustrating if your co-parent is disregarding the custody arrangement, but you do have options. Remaining calm and seeking legal guidance will help you to assert your rights.