If you share custody of a child in Hawaii, a court-issued parenting plan or custody order is legally binding to both parents. However, there are instances where one parent may refuse to follow the schedule or make unilateral decisions about the child, contrary to the court’s directives.
While such situations can be frustrating, you’re not helpless. Understanding your options is crucial to protecting your custody rights and your child’s well-being.
What do custody violations look like?
Ignoring a custody order can take many forms. Common examples include missing scheduled visitations, refusing to return a child or making significant decisions without mutual consent. Even small deviations can matter if they become a pattern that affects the child’s stability.
The steps to take
The first thing you need to do is to keep detailed records of any violations or behavior that contradicts the court order. Text messages, emails and a written log of events can become crucial evidence if your co-parent denies your claims.
Next, try resolving the matter through a calm dialogue with your co-parent. Stick to facts, avoid bringing up unrelated past conflicts and keep the child’s best interests at the center of the discussion. If this is not practical, you may want to consider involving a neutral third party to help reach an amicable solution.
If violations persist, you can request the court to intervene. This involves filing a court motion to enforce compliance. A judge can impose various remedies, from fining the parent who disregards the order to requiring make-up visitation and even modifying the custody arrangement if necessary.
Seek qualified assistance
It’s important to have legal guidance when enforcing a custody order. Emotions can run high, and you may be prone to mistakes that can undermine your position. Working with a qualified professional can help you take informed action and build a strong case to assert your rights.