What Happens If A Custody Order Is Violated In Pa?

When a couple with children separates or divorces, they typically develop a custody order with the court that determines how the parents can exercise their parental rights and when each parent can spend time with their children. In the event that one parent violates the terms of this custody order, the other parent may need to take further legal action to enforce their rights.

What Constitutes a Custody Order Violation?

Here are some common examples of parental conduct that may constitute a violation of a Pennsylvania court’s custody order:

• Refusing to exchange custody when a parent’s court-ordered parenting time begins
• Failing to return the child on time at the end of one’s parenting time
• Refusing to allow reasonable contact (e.g., emails, text messages, phone calls) outside of parenting time, especially when the custody order expressly allows such contact
• Interfering with parenting rights, such as excessively contacting the child during the other parent’s parenting time or engaging in parental alienation (emotional manipulation designed to undermine the child’s relationship with the other parent)
• Taking the child out of Pennsylvania without the other parent’s or the court’s permission (parental kidnapping)

Legal Consequences of Violating a Custody Order

Under Pennsylvania law, a court can impose various consequences on a parent who violates a custody order or grant relief to a non-breaching parent, including:

• Contempt : A court may hold a parent who violates a custody order in contempt of court, which allows the court to impose various penalties, such as up to six months of imprisonment, a fine of up to $500, suspension/revocation of driving privileges, or an award of the other parent’s legal fees and costs.
• Modification of the custody order: Courts may modify the family’s custody order to provide the non-breaching parent with relief for violations of the order. Modification can include providing the other parent with make-up parenting time, reducing the violating parent’s parenting time, switching the violating parent’s parenting time to supervised parenting time, or granting the other parent sole physical or legal custody.
• Criminal charges : In extreme cases, such as those involving parental kidnapping, courts may refer a violation to law enforcement for criminal investigation in potential kidnapping or false imprisonment charges.

What to Do If Your Ex Violates a Custody Order

If your ex violates the terms of your family’s custody order, you can take the following steps to assert your rights:

• Document the violation by keeping records, copies of messages exchanged with your ex, or witness statements.
• File a petition for contempt of court to seek legal relief for violations of your custody rights.
• Contact law enforcement if you believe your ex has absconded with your child.

Contact a Family Law Attorney Today

If you and your ex are disputing the terms of your child custody agreement, you need experienced legal advocacy to protect your rights and interests. Contact Topinka Law today for a confidential consultation with our legal team to discuss your next steps and legal options.