Examples of Custodial Interference | How To Press Charges
Deliberately not complying with court-ordered parenting time is unfair to the child and to the parent who's denied time. It's interference with custody. If the problem is ongoing, in some areas, it's a felony.
It's important for your child to maintain a relationship with both parents. As much as possible, it's also good for co-parents to communicate well and respect each other — but if you really can't see eye-to-eye even when it comes to following the court order, you can press charges.
What is custodial interference
Custodial interference means not following the court order for parenting time. Usually it refers to keeping your child longer than you should.
It's not interference when you make an emergency decision for the child's health and safety. For example, if your child falls on the playground, you may have to take them for an X-ray when you'd otherwise be dropping them off at the other parent's home. Or you may hear a weather report that the roads are unsafe, so you call the other parent and say you don't want to drive today.
By contrast, interference is when you ignore what the judge or another professional told you to do. Common motives for interfering are: annoying the other parent, pulling your child's attention toward you, or otherwise inappropriately controlling people, relationships and situations.
Parenting time interference
This term specifically refers to situations in which a parent is accused of interfering with parenting time, not necessarily with other aspects of the custody order. You may hear terms like parental interference or visitation interference.
If your complaint is complex, be sure the court is made aware of everything that's happening.
Examples of custodial interference
Commonly, interference with custody happens when one parent refuses to allow the child to go with the other parent at the scheduled exchange time. Examples include:
- The interfering parent makes up excuses (the child "has too much homework" or "doesn't want to go with you").
- They start fights ("I don't want to see you right now").
- They repeatedly show up hours late for exchanges ("there was traffic," "we stopped at a restaurant").
- They sign up the child for activities deliberately to overlap or otherwise conflict with the other parent's time (e.g., delivering the child exhausted after sports practice).
- They don't follow certain parts of the custody order (e.g., who stores the child's belongings, so sports equipment is consistently "forgotten").
- They call the child excessively when they're with their other parent.
- They intercept the other parent's communications for their child, delaying or discouraging the child's response, or perhaps lying to the child that the other parent never wrote or called at all.
- They prioritize having the child spend time with a new stepparent instead of with the other parent.
- They enlist family and friends to back them up in unfairly cutting out the other parent.
Turning a child against their other parent, even in small ways, can result in parental alienation, meaning their parent–child bond is damaged.
Disappearing with a child is generally a crime: unless it's intended to protect the child from imminent harm, it's called parental kidnapping.
Placing the child at risk (e.g., deliberately exposing them to the flu, hoping they'll have to stay in bed at that parent's house) is manipulation. It can harm the child, making it a form of abuse or neglect, and it could also be a form of custodial interference.
How to press charges for custodial interference
Usually, it's best for everyone (including your child) if you can work out your issues interpersonally.
If the situation escalates, one option is to call the police. Have a copy of your custody order so the police can understand exactly what the other parent is doing that's contrary to the order. They can't help you with anything that isn't spelled out by the judge. Some local police departments prefer not to get involved in disputes between parents unless there's an immediate risk to the child's safety or a related crime was committed.
Another option is to return to family court. You may file a motion. Your local court may call it a motion to show cause, since you're asking the other parent to explain why they're behaving this way (i.e., "show cause" for their actions). Or it may be referred to as a motion to enforce the order. In many courts, you'll continue to use the case number assigned to your original divorce or custody case.
In certain situations, you can get a hearing faster. Family courts usually have separate procedures to address domestic violence. Some nonviolent situations may be treated as legal emergencies, e.g., one parent announcing they plan to move with the child overseas by the end of the month. If the situation can't wait, be sure the court understands that.
If there's a criminal issue, talk to the police or the local criminal court about how to press charges. Providing a copy of your divorce or custody order may help their investigation.
How to prove custodial interference
Prepare for a court hearing on parental interference as seriously as you would for any other court hearing. Find out if you need to submit evidence to the court in advance of the hearing.
If the other parent doesn't show up, you may get a default decision. If they do show up and contest your allegation, you may head to trial, where you can call witnesses.
If you use Custody X Change, you can track the time you actually get, compared to what you expected to get. The app calculates the hours you're owed, and you can print the report for court.
Custody X Change also has a journal for you to write what happened and upload photos and documents.
What is the punishment for custodial interference
If you're found in contempt of court, the punishment could include fines or jail time. Contempt can be criminal or civil. Each location has its own punishments.
The judge could say that one parent is owed time with the child. For example, if one parent took the child for two weeks when they weren't scheduled to do so, the other could be court-ordered to receive two additional weeks in the near future. This is called compensatory or makeup time.
The parenting schedule could also be adjusted. The parent found in contempt could have reduced or supervised parenting time, depending on the child's needs and what the parent did. The other parent could be awarded sole custody.
It's rare for parental rights to be terminated against a parent's wishes, but a family court could do this if the parent is found to be abusive or unfit.
Parental interference laws
Family law varies by area. In the United States, each state has its own laws, and each county may enforce them differently.
If you're in a situation like this, especially if it happens more than once, start planning how you'll respond to the other parent withholding your child. Some parents are able to talk it out directly or with a mediator.
If your order is unclear or doesn't seem to cover your current situation, a court may appoint a parenting coordinator to interpret the order for you. Their decision is usually binding. For example, if they decide that one parent gets Christmas Eve and the other gets Christmas Day, you have to do as they say.
The tools you need to address interference with custody
A comprehensive parenting plan and detailed parenting time schedule are a must for high-conflict cases. But creating a plan and schedule on your own can feel overwhelming.
Let technology take the guesswork out of the equation.
The Custody X Change app walks you through each step of creating a comprehensive parenting plan. With it, you can easily create a parenting time schedule from templates or from scratch.
Additionally, the many co-parenting features — the messaging center, expense tracker, parenting journal and parenting time tracker — help you stay organized and document everything you need for shared parenting.
You can customize this to fit your situation with Custody X Change.
The easiest and most reliable way to share parenting equally is with Custody X Change.