Court orders, including custody arrangements, are legally binding documents that must be strictly adhered to. These orders are meticulously crafted by the court to protect the best interests of involved parties, often children. Disregarding or violating a court order can have severe legal consequences, including contempt charges, fines, or even imprisonment.
Violating court orders can also mean that you face enforcement actions. We will discuss how custody orders are enforced, including enforcement involving law enforcement intervention.
Can the Police Enforce Custody Orders?
Yes. In New York, the police can play a role in enforcing custody orders, but their involvement primarily depends on the severity of the situation. While they may not be the first point of contact for every custody dispute, their assistance is invaluable in certain circumstances.
If there is an immediate risk to a child's safety or well-being, law enforcement officers can help de-escalate tense situations, ensure the child's safety, and potentially facilitate the return of a child to the custodial parent. However, for more minor disputes or disagreements about visitation schedules, the police might not be the most appropriate resource. In these cases, it's often more effective to seek guidance from legal professionals or to utilize mediation services to address the issue.
It is important to note that the police favor not getting involved unless it is a safety or criminal concern. For instance, if a parent is worried that a missed exchange involves parental kidnapping or they fear for their child’s physical safety while in the other parent’s custody, then they would likely agree to become involved.
Absent high-level concerns, you should move to file a Custody/Visitation Enforcement Petition or consider your other options for enforcement. Consider talking with an experienced attorney about what the right course of action is for your case.
How Else Is Custody Enforced in New York?
When a custody order is violated, several enforcement mechanisms are available:
- Enforcement petition. You can file a petition with the court asking them to take action against the parent for violating your agreement. Once you file, a hearing will be scheduled, and a judge will determine how to move forward. The court may permanently modify your arrangement, offer to give you days not included in your arrangement to make up for your lost time, and/or have the other party pay court costs and fees.
- Contempt of court. This is a common method for enforcing custody orders. A parent who fails to comply with the order can be held in contempt of court, leading to potential penalties such as fines or imprisonment.
Documentation Is Important in Enforcement Cases
A comprehensive record of events, communications, and instances of non-compliance is essential for building a strong case. This documentation serves as irrefutable evidence to support legal actions if necessary.
Detailed records of missed visitation exchanges, late or non-payment of child support, and any other violations of the custody agreement are crucial. It is advisable to maintain a chronological log, including dates, times, and specific details of each incident. Electronic communications, such as emails and text messages, should be preserved as they can provide valuable corroboration.
It is also important to document attempts to resolve disputes amicably can demonstrate good faith efforts and strengthen one's position in court. This might include records of mediation sessions, correspondence, or any other attempts to reach a resolution without legal intervention.
Reach Out to Our Team
At Arnel Law Firm, we have over 35 years of experience helping parents file enforcement actions. We understand how stressful it can be to have your co-parent violate your agreement and can work to help you protect the best interests of you and your child.
Call (718) 550-3024 to request a case consultation today.
