What If My Ex Won’t Follow the Holiday Exchange Schedule?

When a parent ignores an established holiday exchange schedule, the other parent can take legal action.

Keep a Record of Missed Visitation

It’s important to record all evidence of denied visitation. Doing so will ensure the denied party has a strong case if they decide to take legal action.

Examples of evidence include but are not limited to:

  • Noting when the action took place
  • Keeping a detailed record of correspondence between the parties
  • Keeping records of any written attempts made to resolve the issue

The denied party should keep interactions with their ex-partner as civil as possible. Any negative retaliations could be used against them in court proceedings.

Have an Attorney Send a Letter

A strongly written letter composed by a qualified attorney may be the only action necessary to resolve the issue. The denied party may consider requesting their attorney draft a letter demanding that the other parent follow through with the court-ordered holiday arrangement. The letter should also include any legal penalties the noncompliant parent could face if they continue to withhold the child.

File a Family Access Motion to Enforce

If the letter is not enough and other parent continues to ignore the holiday arrangement, the denied party can take the matter to court, by filing a family access motion with the court stating the specific facts that constitute a violation of the custody provisions of the judgment. The circuit clerk may provide the aggrieved party with an explanation of the procedures for filing a family access motion.

File a Motion for Contempt of Court

Sometimes a denied party may need to resort to further court action. In cases like this, they can file a motion for contempt of court against the noncompliant parent. This action will force the other parent to appear before a judge and explain why they are not following the arrangement.

If found at fault, the noncompliant parent could possibly face reimbursement of legal fees, and even possibly time in a county jail.

Resolving Custody Issues

If you are having trouble getting your ex to uphold a court-ordered holiday custody exchange, contact Galmiche Law Firm, P.C. today. Attorney Jay Galmiche has over 30 years of experience handling complex custody issues. He can provide competent legal counsel and guide you through the process of enforcing court orders.

Call us at (636) 552-4841 for your free initial case evaluation.

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