Child Custody - Enforcement

The Court has broad powers to enforce court orders regarding child custody.

If the other party in your child custody matter is not complying with the Court’s Order regarding parenting time you may file a Verified Motion Asserting Non-Compliance. The Court will respond to the Motion and any response from the other side within 30 days. The Court will respond to the Motion by either denying it, setting the matter for hearing or requiring you to mediate the dispute and report back to the Court on the results of the mediation.

If you go to a hearing and the Court finds that a parent has not complied with the parenting time order, the Court will look to the best interests of the child in ordering relief. The Court will issue an Order that may include but not be limited the following:
 
1. Additional terms and conditions on the prior custody order.
2. Modifying the previous Custody Order in the best interests of the child.
3. Adding a requirement for either parent or both parents to attend a parental education.
    program at the expense of the non-compliant parent.
4. Requiring the parties to participate in family counseling at the expense of the
    non-compliant parent.
5. Requiring make-up parenting time for the aggrieved parent of the same type and
    duration as that which was denied within 6 months after non-compliance occurs or one
    year if it is a holiday that cannot be made up within 6 months. This make-up time
    should take place at the time and in the manner chosen by the aggrieved parent if in
    the best interests of the child.
6. Finding the non-compliant parent in contempt of court and imposing a fine or jail
    sentence.
7. Imposition of a civil fine not to exceed one hundred dollars per incident of denied
    parenting time.
8. Setting a hearing for modification of custody.
9. Any other order that may promote the best interests of the child.

The Court may also order the non-compliant parent to pay your attorney’s fees, court costs, and expenses that are associated with bringing the Motion Asserting Non-Compliance.

Please go to www.burnhamlaw.com for a full overview of the firm and the services provided in both New York and Colorado.