As a dedicated Saratoga Child Custody Lawyer, I am often asked what to do if an ex is not following the orders of custody.
- If one spouse doesn’t follow the family court’s order of custody, the other spouse can ask the family court to enforce that order by filing a petition for enforcement.
- Remedy can also be sought through the family court if the order of custody was made through a judgment of divorce, so long as the Supreme Court didn’t retain exclusive jurisdiction.
- In most cases, the Supreme Court does not retain exclusive jurisdiction over custodial matters, so a remedy can be pursued in the family court.
- Success on an enforcement petition requires a valid existing order of custody and evidence of failure to obey that order.
- The court has access to many remedies to punish parties who disobey such orders.
Is your ex refusing to follow the orders of custody? Contact experienced Saratoga Child Custody Lawyer Jennifer Sunderlin Morton to be your guide.