Court orders regarding child custody and child placement are legally binding documents, often reached through extensive negotiations during a divorce or between separated parents. When one parent refuses to follow the court order, it can be frustrating, stressful, and even scary. Wisconsin law provides concrete remedies to address these situations. However, asserting your parental rights can be challenging. The experienced family law attorneys at the Muter Law Office can assist you.

Key Takeaways

• When one parent refuses to follow a court order regarding child custody or child placement, the other parent can seek legal remedies to enforce compliance.
• When considering remedies for failure to follow a court order, it is important to distinguish between minor deviations and more egregious violations.
• When one parent does not follow court orders regarding child custody or child placement, the other parent can file a motion seeking to modify or enforce the order or file a motion seeking to hold the other parent in contempt of court.
• Our experienced family law attorneys can evaluate your situation and provide advice and legal representation to help you move forward.

Wisconsin Court Orders for Child Custody and Child Placement Are Legally Binding and Enforceable

Wisconsin court orders regarding child custody and child placement are legally binding and enforceable documents. They carry the same force of law as any other order issued by a court. Failure to follow a court order, such as by denying the other parent placement time, failing to follow exchange schedules, or relocating a child without the other parent’s permission, can trigger various enforcement mechanisms.

Critically, a parent cannot withhold parenting time from the other parent over unrelated disputes, such as unpaid child support. Courts view these as separate legal issues with different enforcement mechanisms. Genuine emergencies or sincere concerns over the safety of the child may be cause to deviate from the terms of a court order regarding child custody or child placement; however, you should not act alone and should contact law enforcement agents and your family law attorney immediately.

What Counts as a “Violation” of a Child Custody or Child Placement Order?

Common violations of court orders regarding child custody or child placement include denying the other parent time with the child, failure to return the child on time after placement time ends, repeatedly being late for custody exchanges without good reason, relocating the child without permission, interfering with the other parent’s custody rights, making significant decisions without input from the other parent, or preventing or interfering with communication with the other parent.

Isolated, minor deviations from a family court order are not likely to trigger enforcement. However, repeated minor violations can constitute contempt if they demonstrate a pattern of non-compliance.

Legal Remedies When One Parent Does Not Follow the Court Order

Wisconsin law provides serious penalties for repeated violations of court orders regarding child custody and child placement.

Petition to Modify or Enforce a Court Order for Child Custody or Child Placement

When one parent fails to follow a family court order, the other parent can file a motion seeking to modify or enforce the court order, depending on the circumstances and their goals and objectives. The motion should be filed with the family court, accompanied by an affidavit that identifies the dates, times, and details of how the other parent violated the order.

The court will schedule a hearing, evaluate evidence of the violations, and make a ruling that may include: extra time to make up for the missed visits; ordering the other parent to pay fines, court costs, and attorney’s fees; finding the other parent in contempt of court; or changing the underlying custody or placement order if violations continue.

Contempt of Court

Contempt of court occurs when a person intentionally disobeys, resists, or obstructs a court order. In Wisconsin child custody and child placement matters, most findings of contempt are civil matters aimed at achieving compliance rather than punishing the non-compliant parent. However, in exceptional circumstances, repeated or egregious violations can trigger a finding of criminal contempt that could carry fines and even possible jail time.

Before Going to Court

Before going to court, you should document your efforts to resolve the matter privately, especially if the violations are minor. Reach out in writing (via text or email) to suggest a meeting to discuss your concerns. Remain calm in your interactions and do your best to avoid unnecessary conflict. In some situations, mediation can help resolve the matter before bringing it to court.

If your efforts to resolve the issue privately are unsuccessful, it may be time to involve an attorney.

When Repeated Violations of a Court Order Are Part of a Bigger Problem

Sometimes repeated violations of a court order are a symptom of larger issues. A parent may be dealing with mental health or substance abuse issues, using time with the child to weaken the child’s bond with the other parent, or in an attempt to punish the other parent for perceived misbehavior.

When violations of a court order regarding child custody or child placement present a risk of harm to the child, involving an attorney and even law enforcement may be necessary.

How a Wisconsin Family Law Attorney Can Help

Muter Law Office is located in Baraboo and helps families throughout Wisconsin navigate difficult and complex legal matters. Our family law attorney team can help you evaluate your options and guide you through every step. Contact the Muter Law Office today to schedule a confidential appointment to discuss your situation and how we can assist you.