Child Custody Enforcement

Enforcing Child Custody and Visitation Orders in Walnut Creek

When a parent doesn’t follow the court’s custody or visitation order, the situation can escalate quickly. Maybe one parent is consistently late for pickups, skips visits altogether, or refuses to return the child on time. In these moments, many parents in Walnut Creek, Alameda County, and Contra Costa County find themselves asking: What can I actually do about this?

At Whiting, Ross, Abel & Campbell, we understand how frustrating and emotional custody order violations can be. Our family law attorneys help parents take the right legal steps to fulfill child custody enforcement orders in Walnut Creek. Whether you’re dealing with repeated schedule changes, denied visits, or other serious custody disputes, we guide you through the enforcement process with a steady hand and a clear strategy.

What Custody and Visitation Orders Actually Mean

Custody orders in California typically cover two main things:

Type of Custody	What It Means
Legal Custody	Determines who makes important decisions about the child’s education, health care, and general welfare
Physical Custody	Refers to where the child lives and how parenting time is shared between the parents

Once a custody order is issued, either by agreement or through a court decision, it becomes legally binding. Parents are expected to follow the terms exactly. But that doesn’t always happen.

Common Violations and Why They Happen

Violations can range from minor missteps to serious breaches:

• Skipping scheduled visits without notice
• Refusing to return the child after visitation
• Denying the other parent their court-ordered time
• Repeated last-minute changes that disrupt the parenting plan

Sometimes, the cause is logistical, such as when one parent’s work schedule changes or transportation becomes difficult. Other times, it’s more deliberate, like using the child as leverage in ongoing conflict.

What You Can Do If the Other Parent Violates the Order

The first step in addressing custody or visitation violations is to keep a detailed record. Document missed visits, denied exchanges, or other issues, along with any related messages or communication. Keeping track of dates, times, and patterns can help support your position if legal action becomes necessary.

If the violations continue, there are legal options available. In some cases, the court may step in to reinforce the existing order, impose restrictions to ensure safety, or approve changes to the custody arrangement if circumstances warrant it.

Family courts in Contra Costa and Alameda Counties are focused on protecting the well-being of the child and helping parents follow court-approved parenting plans. Enforcement actions are designed to support stability—not to punish—but they can lead to serious consequences when one parent repeatedly disregards the order.

Can Mediation Help?

Before heading back to court, mediation might be worth trying. Family courts often encourage parents to resolve disputes through mediation—a process where a neutral professional helps you find common ground. In some cases, it’s required before a court hearing is scheduled.

This doesn’t work for every situation, especially if there’s a history of abuse or power imbalance. But when parents can communicate safely, mediation can lead to faster, less adversarial resolutions.

What Happens if You Ignore the Court’s Orders?

Failing to follow a custody order can lead to contempt of court charges. Judges don’t take these lightly. Aside from fines or jail time, contempt findings can affect a parent’s credibility and future custody rights. Courts will weigh past behavior heavily when evaluating what’s best for the child moving forward.

When Custody Needs to Change

If a parent consistently violates the parenting plan or if the child’s needs change, it may be time to ask the court for a modification. Reasons might include:

• A parent moving out of the area
• A new job or shift change
• Changes in the child’s schooling or health needs

The court will look at whether the change is substantial and whether the proposed new plan supports the child’s stability and well-being.

Work with a Local Family Law Attorney

Navigating parenting time enforcement is rarely straightforward. Each case is unique, and the courts require clear documentation, proper filings, and strict adherence to legal procedures, especially regarding child custody enforcement orders in Walnut Creek.

That’s where having a local attorney from Whiting, Ross, Abel & Campbell can make all the difference. We help parents understand their options, file motions, and advocate for their rights in court, always with the child’s best interests in mind.

Connect with our team today to schedule a consultation and take the next step toward resolution.

FAQs

What can I do if the other parent violates our custody agreement in Alameda County?

You can document the violations and seek legal assistance to request the court enforce the order or take appropriate action.

How are visitation orders enforced in Contra Costa County?

Visitation orders are enforced through the family court system, which can impose remedies like contempt orders or supervised visitation if necessary.

Can custody orders be modified due to non-compliance in Walnut Creek?

Yes, repeated non-compliance may be grounds to petition the court for a modification of the custody order to better protect the child’s best interests.