Co-parenting after a separation or divorce often brings its own set of challenges. Disputes about parenting time, decision-making, or how best to raise a child can arise, especially if communication between parents is strained. When these disagreements escalate, they may lead to one parent ignoring or directly violating a court-ordered custody arrangement.
In Ontario, if parents cannot settle on a parenting plan themselves, the court steps in to issue a custody order focused on the child’s best interests. But what happens when one parent refuses to follow that order? Consulting with an experienced Child Custody Lawyer in Barrie, ON, can help protect your rights and your child’s welfare.
What Are the Legal Implications If a Custody Order Is Violated?
1. Filing for Contempt of Court
One of the most common legal remedies is to file a motion for contempt of court. Contempt proceedings are created to hold the disobeying parent accountable for ignoring the court’s order. If the court finds a parent in contempt, they may face serious consequences such as fines or monetary penalties, mandatory counselling or parenting programs, changes to custody or parenting time arrangements, or, in extreme cases, imprisonment.
2. Requesting a Modification of the Custody Order
If violations continue over time or if the original custody order no longer serves the child’s best interests, the affected parent can apply to the court for a modification of the custody arrangement. Reasons for wanting a change might include a parent’s repeated refusal to follow the order, significant changes in the child’s or parents’ circumstances, or safety concerns arising since the initial order.
The court will review the evidence and determine if altering decision-making responsibilities or parenting time schedules is necessary to protect the child and provide a stable environment.
3. Police Intervention and Enforcement
In some cases, especially where a parent actively denies access to the child or removes the child from the other parent unlawfully, the involvement of law enforcement may be required. Police can assist in enforcing court orders related to custody and access, helping to:
- Facilitate supervised visitation or exchanges
- Prevent parental kidnapping or abduction
- Ensure immediate compliance with court-mandated parenting time
However, police typically require a valid court order before intervening and may encourage parents to get a resolution through family court first.
How Ontario Courts View Custody Order Violations
Ontario courts recognize that the stability and well-being of the child always come first. Violations of custody orders are treated seriously because they can negatively affect the child’s emotional health and development. Judges often encourage parents to comply fully with custody arrangements to minimize conflict and provide a consistent environment for the child.
When a court identifies persistent non-compliance, it may:
- Issue warnings or orders to compel compliance.
- Adjust parenting time to reduce the violating parent’s access temporarily or permanently.
- Order mediation or parenting coordination to improve communication between parents.
- In rare and serious cases, transfer custody to the compliant parent if the child’s safety or best interests are at risk.
How Sage Law Group’s Child Custody Lawyers in Barrie, ON, Can Support You
If you’re struggling with enforcing a custody order or dealing with a parent who isn’t following the court’s decision, Sage Law Group’s experienced child custody lawyers in Barrie, ON, are here to help. Our family law team will guide you through every step of the legal process, gather the necessary evidence, and fight to protect your parental rights. Book a free consultation with us today!
