Family Law Services: Steps to Take When Your Spouse Stops Honoring the Custody Agreement

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Family Law Services: Steps to Take When Your Spouse Stops Honoring the Custody Agreement

28 March 2022
 Categories: Law, Blog


One of the crucial parts of the separation process is creating a custody agreement, especially when you have children. The agreement outlines who the parent with primary custody will be. It also details visitation times, the decisions that each parent can make for the child, and dispute resolution methods. Unfortunately, people who have undergone separation may sometimes argue and disagree on the terms of their custody agreement. Often, this hurts the children. Here are some steps you can take when your spouse stops honoring the custody agreement. 

Reporting When Your Partner Violates the Agreement

You should carefully study your custody agreement with your co-parent. It will help you ensure you handle the children according to the terms of your separation. It will also ensure that you can tell whenever your partner violates the agreement. The final document the judge drafts will specify terms such as the time spent with every parent, which of you will have custody during school vacations, and other details. If your partner is in violation, you should contact a family lawyer to help solve the problem. 

Documenting the Violations

It is crucial to document the child custody violation for the sake of the courts. For example, if your spouse has formed a habit of dropping the kids late, create a log for the times they do it and present it to your family lawyer. Similarly, you can keep copies of text messages or emails between yourself and your spouse. 

Enforcing the Agreement

You can enforce a child custody agreement by taking your spouse to court. The agreement is an order by the court, and violating it is a crime. When you present the issue to the judge, they will determine whether your co-parent has violated the agreement. Additionally, they could find your co-parent in contempt of court. The punishment for contempt of court ranges from a verbal reprimand to jail time and other types of punishment. They might also have to pay your court fees for the proceedings. Alternatively, ask for an amendment if your spouse violates the agreement because it is challenging to uphold. Remember that a custody agreement is for the benefit of the children. Therefore, it is important to communicate and work with a professional to find an amicable solution.

Child custody agreements help to make your relationship with your co-parent less stressful. Speak to a custody lawyer whenever you feel that your partner has violated the terms and conditions.