What to Do If Your Ex Violates Your Custody Agreement Over The Holidays

The holidays should be a time of joy, but for divorced or separated parents, they can bring stress and conflict, especially when custody agreements are not being followed. Experiencing violations of your established holiday custody schedule can be frustrating and emotionally draining. At The Bellinger Law Office, we understand the delicate nature of these situations and are here to provide the compassionate legal guidance you need.

So, what should you do if your ex violates your custody agreement over the holidays? We recommend that you:

• Document every violation in detail.
• Try to resolve the issue informally first.
• File a motion with the court if informal attempts fail.
• Seek help from an experienced family law attorney.

Knowing what violations look like and how to address them won’t always make the situation go away, but it can make it easier to know what to do next.

What Can Holiday Custody Violations Look Like?

A custody violation happens when one parent fails to follow the terms of a court-ordered parenting plan. During the holidays, this can take several forms, such as:

• Refusing to exchange the child at the scheduled time and place.
• Returning the child late from a holiday visit without a valid reason.
• Interfering with communication, such as phone or video calls, on a holiday.
• Traveling with the child during the holidays without your consent or against the court order.
• Making excuses to prevent you from seeing your child during your designated holiday time.

These actions not only disrupt your plans but also may create instability for your child during what should be a happy season.

What Can I Do About Custody Violations?

If you are facing a holiday custody violation, you have several options. The right path can depend on the severity of the violation and your relationship with your co-parent.

1. Try to Resolve the Issue Informally

If the violation is minor or seems like a misunderstanding, start by trying to communicate with your ex. A simple text or phone call reminding them of the custody schedule might resolve the issue. Always keep your communication calm and focused on your child’s best interests.

2. Document Everything

From the moment a custody violation occurs, document it. Keep a detailed log of dates, times and specific actions, and save any relevant texts, emails or messages. This evidence will be crucial if you need to take legal action.

3. File a Motion with the Court

If informal communication fails or the violations are serious and repeated, you can file a motion with the court. This could be a request for enforcement or even a motion for contempt. Depending on the situation, a judge can order make-up parenting time, impose fines or modify the custody arrangement if it is in the child’s best interest.

4. Seek Legal Guidance

Handling custody disputes can be difficult, especially when emotions are running high. An experienced family law attorney can explain your rights in your situation and help you determine the best course of action, advocating for you in negotiations or court when necessary.

Protect Your Parental Rights All Year Long

Custody order violations can be exasperating at any time of year, but especially during what should be a truly enjoyable season. Thankfully, with a few intentional steps and the support of legal professionals, resolution can be possible. The Bellinger Law Office in Fort Wayne provides experienced legal advice to help you protect your rights and your child’s well-being. We treat our clients like family, offering compassionate support from start to finish.

If your ex has violated your holiday custody agreement in a way that requires legal action, we are here to help. Contact our office today to schedule a consultation.