Enforcement
Navigating family law matters can be challenging, especially when it comes to ensuring that court orders related to child custody, visitation, and support are followed. In Texas, these orders often stem from a divorce decree or a Suit Affecting the Parent-Child Relationship (SAPCR), which addresses issues like conservatorship (decision-making rights), possession and access (visitation schedules), and child support. These orders are designed to prioritize the child’s best interests and provide stability for families post-divorce or separation.
Enforcement
If one parent or party violates these orders—such as denying visitation, failing to return the child on time, or not paying required support—the affected party can seek enforcement through the Texas courts. Under the Texas Family Code, enforcement actions help hold violators accountable and restore compliance. Common remedies include court-ordered makeup time for missed visitation, payment of overdue support with interest, and reimbursement for legal fees. In more serious cases, violations can lead to contempt of court findings, which carry significant penalties like fines or even jail time.
It’s important to remember that court orders must be followed exactly as written until officially modified by a judge. Attempting to change terms on your own, even if circumstances have shifted, can result in enforcement actions against you. Modifications require filing a separate suit and proving a “material and substantial change” in circumstances, such as a parent’s relocation, job loss, or changes in the child’s needs. This process ensures orders remain enforceable while allowing for necessary updates.
At Payne, Powell, Truitt and Chandler, we assist clients in enforcing these orders to protect parental rights and promote the child’s well-being. If you’re facing non-compliance, contact us for guidance tailored to your situation. Remember, this information is for general educational purposes and not a substitute for personalized legal advice.
Contempt of Court for Violations of Custody Orders
Contempt of court occurs when a person willfully and intentionally disobeys a clear, specific, and enforceable court order. In the context of Texas divorce custody or SAPCR orders, this often involves violations like refusing to allow scheduled visitation, interfering with the other parent’s possession and access, failing to adhere to drop-off/pick-up times, or not complying with support payments. Texas courts take these violations seriously because they undermine the judicial process and can harm the child’s emotional stability and relationships.
What Contempt of Court Means
Contempt can be classified as either civil or criminal:
- Civil Contempt: This is coercive, aimed at forcing compliance. For example, a parent might be jailed until they fulfill the order, such as returning the child or paying arrears.
- Criminal Contempt: This is punitive, punishing past violations. It treats the disobedience as a misdemeanor-level offense, focusing on deterrence rather than immediate fixes.
To pursue contempt, the aggrieved party files a Motion for Enforcement in the court with continuing jurisdiction (usually the same court that issued the original order). The motion must detail the specific violations, including dates, times, and how the order was breached. The court then holds a hearing where evidence, such as text messages, emails, or witness testimony, is presented. If the order is found to be ambiguous or unclear, contempt may not be enforceable, where the court emphasized that orders must be unambiguous for contempt to apply.
Defenses to contempt include proving the violation was unintentional (e.g., due to an emergency), voluntary relinquishment by the other parent, or inability to comply (such as financial hardship for support payments, backed by evidence of good-faith efforts). However, ignorance of the order or personal disagreements are not valid excuses.everything and seek legal counsel to protect your rights and your children’s well-being.
Penalties for Contempt
Texas law outlines strict penalties under Family Code to deter violations and ensure accountability. These can include:
- Fines: Up to $500 per violation. For interference with child custody, municipalities or counties may impose additional civil penalties of up to $500.
- Jail Time: Up to 180 days (six months) per violation for criminal contempt, with a potential cumulative cap of 18 months for multiple violations. In severe or repeated cases, jail is more likely, especially if there are three or more prior contempt findings. For civil contempt, incarceration continues until compliance is achieved, which could extend beyond 180 days if conditions aren’t met.
- Community Supervision (Probation): Instead of immediate jail, the court may suspend the sentence and place the violator on probation for up to 10 years, with conditions like mandatory counseling, parenting classes, regular reporting, or mediation. However, probation is unavailable if there are three or more prior contempt findings for possession denials.
- Makeup Visitation: The court often orders additional time to compensate for missed periods, sometimes doubling the denied time for repeated offenses.
- Attorney’s Fees and Costs: The violator is typically required to pay the other party’s reasonable legal fees, court costs, and expenses, which can amount to thousands of dollars. These are enforceable like child support and cannot be waived in cases of repeated violations or large arrears.
Other Remedies: Courts may issue bonds or security (e.g., $1,000) to ensure future compliance, which can be forfeited on further violations. In extreme cases, like child abduction, criminal charges under the Penal Code (e.g., interference with child custody) could apply, leading to additional fines or imprisonment.