What is Enforcement of a Child Custody Order?
What can a parent do if the other parent refuses to turn the child over at the scheduled time under a Texas child custody order? When another party to an order has committed violations of the terms of the order, a motion for enforcement of the order can be filed with the Court.
Penalties for Violating Custody Orders
Possible penalties in enforcement actions include contempt of court, jail time for the person who violated the order, assessing attorney’s fees against the violator of the order, and make up time for the parent deprived of time with the child.
Motions for Enforcement are Highly Technical
Because holding someone in contempt triggers higher due process considerations under criminal law, drafting the motion for enforcement is highly technical and must be done carefully. If a motion for enforcement is not drafted correctly, it could be dismissed by the Court as a result. Therefore, it is critically important in Houston courts that the divorce lawyer exercise great care in drafting the enforcement motion.