Practice Areas
Enforcement of Possession Orders
How you can make the other parent follow the Orders
Enforcement of Possession Orders When a Parent Refuses to Comply
One of the most common concerns expressed by parents involved in high-conflict custody disputes is whether the other parent will comply with the court's possession schedule. While disagreements between parents are unfortunately common, a valid court order is not merely a suggestion. Parents are expected by law to follow the possession schedule established by the court, even when communication has broken down or emotions remain high.
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Texas law provides legal remedies when a parent intentionally refuses to comply with a possession order. Depending upon the circumstances, a parent who has been denied court-ordered possession may file a motion to enforce seeking relief from the court. If the violation is proven, the court may order make-up periods of possession, award attorney's fees and court costs, impose fines, or, in appropriate cases, hold the non-compliant parent in contempt of court.
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Parents are often surprised to learn that repeated violations may become relevant beyond the enforcement proceeding itself. A consistent pattern of refusing to comply with possession orders, interfering with exchanges, or intentionally frustrating the other parent's access to the child may become important evidence in future modification proceedings. Family courts expect parents to encourage, rather than undermine, a child's relationship with the other parent whenever doing so is consistent with the child's best interests.
You Must Be Ready, Willing, and Able to Exercise Your Possession
One of the most common mistakes parents make is assuming that they do not need to appear for an exchange if the other parent has already stated that they will not surrender the child. While every case depends upon its specific facts, parents should generally be cautious about relying solely on a text message, email, or telephone call indicating that possession will be denied.
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In many enforcement proceedings, the court expects the parent seeking enforcement to demonstrate that he or she was prepared to exercise possession in accordance with the court's order. That ordinarily means appearing at the designated exchange location, at the correct date and time, unless extraordinary circumstances make doing so impossible or your attorney advises otherwise. Simply remaining at home because the other parent announced in advance that the child would not be produced may unnecessarily complicate an otherwise straightforward enforcement action.
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Appearing at the exchange serves several important purposes. It demonstrates your willingness to comply with the court's order, eliminates disputes about whether you intended to exercise your possession, and creates objective evidence that the exchange did not occur as ordered. If another adult accompanies you to the exchange or you preserve lawful documentation showing your presence, that evidence may later become important if the denial of possession is disputed.
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Parents should also remember that every violation of a possession order does not automatically justify an enforcement action. Courts recognize that genuine emergencies occasionally arise. A child's unexpected hospitalization, dangerous weather conditions, or other extraordinary events may prevent compliance with the order despite a parent's good-faith efforts. The court's focus is often on whether the failure to comply was intentional, whether it violated a clear and specific court order, and whether the violation can be proven with competent evidence.
Remedies Available in an Enforcement Action
When a court determines that a parent has willfully violated a possession order, it has broad authority to fashion an appropriate remedy. The objective is not merely to address a single missed visitation, but to ensure that court orders are respected and that children maintain meaningful relationships with both parents.
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Depending upon the facts of the case, the court may order additional periods of possession to compensate for time that was wrongfully denied. The court may also order the non-compliant parent to reimburse reasonable attorney's fees, court costs, and, where supported by the evidence and authorized by law, other reasonable expenses incurred because of the violation, including travel expenses associated with attempting to exercise possession.
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In more serious cases, the consequences may extend beyond financial reimbursement. A parent who willfully violates a clear and enforceable possession order may be held in contempt of court. Contempt is a serious judicial sanction intended to enforce compliance with court orders and protect the authority of the court. Depending upon the circumstances and the relief sought, sanctions may include fines, confinement in the county jail, or both. Although incarceration is generally reserved for more significant or repeated violations, parents should understand that the possibility of jail time is real when a court finds that a party intentionally disobeyed its orders.
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For that reason, parents should resist the temptation to engage in self-help or retaliation when possession is denied. Refusing to return the child during your own periods of possession or withholding future exchanges in an effort to "even the score" often creates additional legal problems and may expose both parents to enforcement proceedings. The better course is to continue complying with the court's orders, carefully document each violation, preserve all relevant communications, and consult an experienced family law attorney regarding the remedies available under Texas law.
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These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.