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You are here: Families & Children > Custody & Visitation > Other Custody and Visitation Issues
What happens if one of the parents doesn't follow the custody and visitation court order?
Is child support related to custody and visitation?
Can a parent move away with the children without permission from the other parent?
How can I stay close to my children if they move away with the other parent?
What happens if one of the parents kidnaps the child and leaves the country?
What happens if I want to travel with my child but I can't find the other parent to get permission?
What do I do if the other parent is not following the court order?
There are several options:
- Contact your local police department and ask them to enforce the order
- Contact the district attorney in your county. Look for the Child Abduction or Recovery Unit.
- File an action in court to enforce the order and have the judge find that the parent who violated the order is in contempt of court.
In case you have to go back to court, you should keep accurate records of all visitation violations. Keep a journal or mark up a calendar, with the dates and times that the other parent did not follow the order and didn’t show up, showed up late, or other problems.
Enforcing a court order can be very complicated. Talk to a lawyer to find out what is best in your case. Click here for help finding a lawyer.
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Is child support related to custody and visitation?
A child support order is separate from a child custody and visitation order. So you cannot refuse to let the other parent see the children just because she or he is not paying the child support s/he owes. And, you cannot refuse to pay child support just because the other parent is not letting you see your children.
But, child support and custody are related because the amount of time each parent spends with the children will affect the amount of child support.
Click here for more information about child support.
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Can a parent move away with the children without permission from the other parent?
The law on these types of cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children. Click here for help finding a lawyer.
Generally, a parent who has a permanent order for sole physical custody can move away with the children, unless the other parent can show that the move would harm the children. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure how the law applies to your specific circumstances.
If the parents have joint physical custody of the children, the parent wanting to move with the children must show that the move is in the best interests of the children.
If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, you should talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible.
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How can I stay close to my children if they move away with the other parent?
You can make a parenting plan that takes into consideration that your children are moving away and changes the visitation so that you can still have quality time with your children. Click here for help with parenting plans.
Also, thanks to the internet, there are other ways for you to stay connected to your children, not just email. There is something called "virtual visitation" that helps you have “visits” with your children through web-site and camera-computer technology. Click here  for more information and resources on virtual visitation.
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What happens in one of the parents kidnaps the child and leaves the country?
When a U.S. citizen child is kidnapped and taken to another country, the State Department's Office of Children's Issues works with U.S. embassies and consulates throughout the world to help the child and the parent looking for the child. But, even when a child is taken across international borders, child custody disputes are private legal matters between the parents, and the State Department has little or no power.
It is very important, if your child is at risk of being abducted by the other parent, that you have a clear custody order that specifies what the other parent can and cannot do in terms of traveling with your child. But, even if you have a court order, U.S. laws and court orders are not usually recognized in the foreign country and therefore are not directly enforceable abroad.
Fortunately, the Hague Convention, which has been signed by many countries, is an international treaty that applies to child abductions. The countries that are parties to the Convention have agreed that, with a few exceptions, a child who is a resident in one country that is a party to the Convention and who is removed to another country that is also a party to the Convention against a custody and visitation order must be promptly returned to the country of residence.
The Hague Convention and cases of international abduction are very complicated. There is information online to help you but if you can, talk to a lawyer who has a lot of experience with international abduction cases. Your local District Attorney’s office may also have a Child Abduction and Recovery Unit that can help you or give you resources in your area.
Here are some websites with very helpful and complete information on child abduction:
The U.S. Department of State’s Office of Children’s Issues website provides information about international abduction, like information on how to look for a child abroad, using the criminal justice system, abduction applications, and information about the law.
A Family Resource Guide on International Kidnapping from the Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice, provides detailed information on prevention, searching for your child, checklists for what to do in case of kidnapping, resources and much more.
The International Parental Child Abduction booklet from the Federal Citizen Information Center also contains information on prevention, what the state department can and cannot do to help, how to search for a child abroad, legal solutions in countries that are not a party to the Hague convention, applications for help under the Hague convention, and resources.
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What happens if I want to travel with my child but I can't find the other parent to get permission?
Usually, you need the other parent's permission to travel with your child, especially if you want to leave the country or if, by traveling with your child, the other parent will miss his or her court-ordered visitation. If you can't find the other parent, you will need to go to court and ask the judge for permission to let you leave without the other parent's signature. You will have to look for the other parent and tell the judge everything you tried to find him/her.
You should also closely look at your existing custody and visitation court order and make sure that there are no restrictions on you leaving the state or your county with the child. If there are limits on whether you can take your child outside of your county or state, you usually need a court order giving you special permission to travel.
If the judge gives you an order letting you travel, make sure you get it in writing. Also make sure the order has everything you need, including the dates of travel and any other information so that you can travel with your child safely. Carry a copy of the order on you everywhere you go when you travel. You may need to show it to the border patrol, airport staff or any official that asks to see it.
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Last modified: 04/15/2008
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