If you are dealing with someone who is not following a court order, or you are being accused of not following a court order, Denis Law Group can help. Our experienced family law attorney and team can guide you through the process with ease and confidence.
You may need to file the Motion for Enforcement to have the court order the other party to comply with the first order or face further sanctions. A Motion for Enforcement can be filed for child custody visitation, child support payments, alimony/spousal maintenance payments, or enforcing a provision from a final divorce decree.
If you are the one the Motion for Enforcement was filed against, you will have to be able to disprove the alleged violation(s) through evidence. Here is a general step-by-step guide for either side of the Motion for Enforcement.
- Review of the Court’s Order
- Sit down with your attorney and go line by line through the existing order.
- Point out exactly what the Respondent was ordered to do (dates, times, exchanges, communication).
- Remind your client that enforcement is not about what is “fair” but whether the Respondent followed or violated the order.
- Gather Documentation
Collect evidence showing the Respondent’s lack of involvement, such as:
- Texts, emails, or lack of communication regarding visits.
- Logs/journals of missed visits, no-shows, or times the Respondent did not attempt to exercise access.
- Witnesses (family, friends, school staff) who can testify that the Respondent has not been involved.
- Any incidents showing the child does not know or recognize the Respondent (e.g., child expressing fear or confusion).
- Focus on the Child’s Best Interest (if it is child support/visitation violations)
Explain to your attorney how it is in the child’s best interest by showing the following:
- The child’s routine and sense of stability.
- The lack of relationship between the child and the Respondent, and why forcing sudden or unsupervised access may cause distress.
- That your client is not withholding the child, but that the Respondent has failed to exercise his rights consistently.
- Anticipate Respondent’s Arguments
- If the Respondent argues he/she was “blocked,” show evidence that they were not blocked.
- If the Respondent claims the Petitioner interfered, calmly point to the evidence that he/she never made consistent efforts.
- Practice Court Demeanor
- Stay calm and avoid appearing defensive.
- Answer only what is asked in short, direct, truthful responses.
- Keep focused on the matter being enforced, not on personal grievances with the Respondent.
- Possible Outcomes
- The judge can hold the Respondent in contempt if he/she violated the order.
- The judge may also issue clarifications of the previous order and then find a middle ground between the parties to rule.
- The judge may deny the motion altogether.
Bottom line to client: Your role is not to prove why Respondent is in violation, but to show the Court that Respondent has failed to follow the order, or if you are the Respondent, how you have not violated the order.