What to Do If Your Ex Violates a Child Custody Order in Washington State

When parents separate or divorce in Washington state, several critical decisions need to be made in order to ensure that the child’s best interests remain protected after the parents go their separate ways. The parents will need to establish a parenting plan, which serves as a legally enforceable document that sets forth the logistics of raising a child, including how decisions will be made, how disputes will be resolved, when and for how long the child will reside with each parent, how holidays will be handled, and how scheduling conflicts will be addressed, among many other details. While many parents are able to negotiate the terms of the parenting plan and arrive at a solution that works best for the child, contentious divorces or cases that involve safety concerns (i.e., abuse, neglect, etc.) often benefit from court intervention. Once the judge has approved the parenting plan, it goes into effect and both parties are obligated to follow the terms. 

However, just because a parenting plan is in place does not mean that a parent will not violate the terms in some way. If your ex violates a custody order, there are steps you can take to hold them accountable for these breaches and, if necessary, get the court to enforce a parenting plan in Washington state. If you are struggling with a King County parenting time violation, it’s highly recommended that you seek the guidance of an experienced and dedicated Seattle child custody attorney who can help you identify the most strategic course of action. In this post, we’ll look at child custody enforcement in Washington state and the steps you can take if an ex is violating the terms of an existing parenting plan. 

What Counts as a Custody Order Violation in Washington State?

When a parenting plan has been put into place, both parties are expected to follow the terms to ensure that the child’s best interests are sufficiently upheld and protected. If one parent fails to comply with the terms of the parenting plan or deliberately breached a custody order, there are steps that the other parent can take to redress these violations. Let’s take a look at some of the most common examples of parenting plan violations in Washington state so that you can identify them in the event that the other parent fails to uphold their legal responsibilities and obligations.

Disruptions to Residential Time

One of the most important aspects of a parenting plan is establishing a clear residential schedule that minimizes disruptions to the child’s home life and routine. If one parent refuses to allow the other parent to enjoy their scheduled visitation or parenting time or fails to return the child at the designated time, the concerned parent can raise this issue and take action to hold the other party accountable for these violations.

Communication Issues

As long as there are no child safety concerns about their ability to spend time with one parent, Washington state parenting plans typically strive to foster meaningful relationships between both parents and their child. To that end, either parent may communicate with the child, even when the child is spending time at the home of the other parent. If a parent suddenly blocks phone calls between the child and the other parent or otherwise interferes with parent-child communication, this may be a violation of the established parenting plan.

Decision-Making Violations

The parenting plan lays out the process for how the parents make decisions about the child’s education, healthcare, or religious upbringing. If the terms of the parenting plan clearly state that both parents agree to make joint decisions about these important matters, one parent making a unilateral decision violates the terms of the parenting plan.

Relocating Without Notice

Parenting plans in Washington state prevent one parent from suddenly moving with the child out of state or to another school district without notifying the other parent or obtaining court approval. Relocation violations can trigger an enforcement action against the parent who breaches the terms of the parenting plan. 

Other Actions Made in Bad Faith

Sometimes, a parent may make decisions or act in bad faith, like requiring the other parent to pay child support in order to visit the child or refusing to pay child support until a disagreement about a custodial matter is resolved. If you believe that your ex is violating the terms of an established parenting plan in King County or Pierce County, you can voice your concerns with a trusted and caring Seattle family law attorney to determine the best course of action. 

How to Document Parenting Plan Violations Properly in Washington

As soon as your ex violates the terms of your parenting plan, there are steps you can take to address these issues swiftly and effectively. Here are some actions you can take to enforce a parenting plan in Washington state. 

Document Your Concerns

The best way to push back against parenting plan violations is to keep detailed records of the incidents. For instance, create a dated log of all missed visits, late drop-offs or pickups, communication interferences, and other violations. Keep any emails or texts that show how your ex violated the terms of the parenting plan.

Provide Your Ex With Written Notice

When the other parent fails to uphold the terms of the parenting plan, you can send them a letter or notice that explains the violations of the parenting plan and asks them to address or fix these issues right away. For instance, you can ask that they make up any lost visitation time or adjust the schedule so that you can spend the time with your child that the other parent denied you through the parenting plan violation. You can send the notice by email, text, messaging app, or traditional mail, as long as it’s in writing. Be sure to keep a copy of the notice you send, as well as their reply (if any).

Pursuing Child Custody Enforcement in Washington State

If your ex fails to respond to your written request or continues to violate the terms of the parenting plan, you have the right to involve the court and hire legal counsel to enforce the order. Here are just a few of the actions you can take to enforce a parenting plan in Washington state. 

File a Motion For Contempt

Situations where the other party is unresponsive to all your communication attempts can be incredibly frustrating. At this point, you can file a motion for contempt with the court that issued the parenting plan and ask the judge to hold the other party in contempt. If the judge finds that the other parent has violated the terms of the parenting plan, they can require the party found in contempt to comply with any number of orders, such as attending counseling, participating in parenting classes, paying financial penalties, making up parenting time, or fulfilling other requirements aimed at redressing the violation.

Alternative Dispute Resolution Options

When you create a parenting plan, you and the other parent typically include plans for how disputes or disagreements will be resolved. It’s important to review the terms of your parenting plan to see if it requires mediation or another form of dispute resolution before you take the matter to court. If you have questions about how to address a King County parenting time violation, reach out to a client-centered and highly respected Seattle family law firm for the customized legal support you need during this challenging and confusing time. 

Preventing Future Violations Through Stronger and Clearer Parenting Plans

As you move through the parenting plan enforcement process in the greater Seattle area, you may find it helpful to seek a parenting plan modification to clarify the terms and minimize the potential for future issues and misunderstandings. You can file a petition for modification with the court, showing that the previous terms failed to sufficiently protect the child’s best interests and proposing stronger provisions that will prevent future violations. To learn more about parenting plan modifications in Washington state, reach out to a dedicated and highly qualified Seattle child custody attorney today. 

Frequently Asked Questions (FAQs) About Parenting Plan Violations in Washington State

Can My Ex Be Penalized For Not Following the Parenting Plan?

Yes, the court can hold them in contempt and require them to pay financial penalties, make up parenting time, and fulfill other obligations for violating the terms of the parenting plan.

What Do I Do If My Ex Is Always Late Dropping Our Child Off? 

Repeatedly failing to fulfill the terms set forth in the parenting plan can be frustrating and detrimental to the parent-child dynamic. Document these incidents and send a written notice to your ex about these violations. 

Trusted Legal Support When You Need It Most

Legal disputes that affect your family can be particularly challenging and highly emotional to work through without the guidance and support of an experienced and caring Seattle family law attorney. At the Hemmat Law Group, our dedicated team of attorneys believes in providing every client we serve with the attention, empathy, and respect they deserve during this vulnerable time. Please reach out to our office today by calling (206) 682-5200 to learn more about how we can help you successfully resolve a child custody or family law dispute.