A custody order sets clear rules for when a child stays with each parent. But what happens when one parent ignores those rules? Missing scheduled exchanges, withholding parenting time or refusing to follow the court-ordered schedule can create serious problems. The steps a parent takes next can affect both the child and the custody case.
Start with the custody order
First, review the current order carefully. Arkansas courts expect parents to follow the terms the court has entered. A violation may involve more than refusing to return a child. It can also include repeatedly denying scheduled parenting time or ignoring other specific requirements in the order.
The order should clearly state what each parent must do. If the language is unclear, the court may need to address what the order requires before finding a violation. Next, consider how to document the problem.
Keep records of the violations
Good records can help show what happened and when. A parent should keep copies of relevant messages, schedules and other records rather than relying only on memory.
Common examples include:
- Dates and times when parenting time was denied
- Messages about missed exchanges or schedule changes
- Records showing repeated failures to follow the order
- Information about any attempts to resolve the issue
Clear records can help the court understand whether the problem was isolated or ongoing. From there, a parent may ask the court to address the violation.
What the court may do
Under Arkansas law, a court can address willful disobedience of a lawful court order through contempt proceedings. Depending on the circumstances, contempt can result in penalties. A parent accused of contempt also receives an opportunity to respond to the allegation.
A custody violation does not automatically mean that custody will change. The court considers the facts and the child’s best interests when making custody decisions.
Know your options
A parent who faces repeated violations should focus on the existing order, document each incident and use the proper court process. Taking those steps can help protect parenting time while keeping the focus on the child’s best interests.