Child custody and access orders are designed to ensure the well-being of the child and maintain a sense of stability in their life. But what happens when one party consistently violates these court-ordered arrangements? To understand the process and consequences of addressing such violations, I turned to Caitlin Thorpe, a Houston Family Law Attorney.

Enforcing Court Orders: The Power of Enforcement Proceedings

Caitlin Thorpe, a Houston Child Custody Lawyer, outlined the means by which courts in Texas address consistent violations of child custody, possession, or access orders. She introduced the concept of enforcement proceedings, a separate legal process that seeks to uphold the integrity of court orders. “Enforcement is a separate proceeding where we’re taking your underlying order and your divorce decree or your SAPCR order and we’re looking at the specific provisions contained in that order,” Caitlin explained.

The Court’s Authority

When it comes to violations, the court has the authority to hold the offending party in contempt. Caitlin provided an illustrative example: “If, for example, Mom failed to return the child to Dad at 6 pm at the end of her weekend, Dad could seek an enforcement and the judge could sentence her to jail time in Texas, up to 180 days per violation.” The potential consequences for the violator are severe, emphasizing the significance of adhering to court orders.

Remedies and Consequences

Caitlin went on to outline the potential remedies and consequences for those found in violation. Mandatory attorney’s fees, makeup periods of possession, and a variety of remedies fall within the court’s purview. These remedies are designed to address the injustice faced by the parent who has been victimized by the violation.

The Specificity of Enforcement

Caitlin pointed out that enforcement proceedings are specific and geared towards addressing clear violations of court orders. While it might be challenging to enforce an agreement that deviates from a court order, cases where a parent blatantly disobeys the black-and-white provisions of the order are more straightforward. “If it’s something that is in black and white and that parent showed up at the other parent’s house to pick the child up at the time the order says, you probably have a really good chance at seeking contempt in court against that parent,” Caitlin emphasized.

Consistent violations of child custody, possession, or access orders can be detrimental to the child and create chaos for all parties involved. Understanding the enforcement process, as explained by Caitlin Thorpe, highlights the importance of adhering to court orders and the serious consequences that can arise from disregarding these legal obligations. For parents facing such violations, seeking the assistance of a knowledgeable family law attorney is crucial in navigating the complex landscape of enforcement proceedings and ensuring the best interests of the child.

If you would like to hire Caitlin for your Family Law, visit https://www.esquireelite.com/ and type in Caitlin Thorpe in the search bar.

Disclaimer: The information in this article is not intended to be legal advice. Each situation is different, and the insurance laws in your state may differ from those discussed in this article. Please seek the advice of a professional for any questions related to your specific situation.

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