Custody Agreement Breach

Custody Agreement Breach: What You Need to Know

Child custody is an emotionally charged issue that can be complicated by custody agreement breaches. When a parent violates a custody agreement, it can disrupt the child`s routine and cause distress for both the child and the other parent. In this article, we will discuss what constitutes a custody agreement breach and what you can do to address it.

What is a Custody Agreement?

A custody agreement is a legal document that outlines the rights and responsibilities of each parent in the care and upbringing of their child. It includes details such as the custody schedule, holiday visitation, travel restrictions, and communication guidelines. The court typically approves the agreement and makes it a court order, which means both parents have a legal obligation to follow its terms.

What is a Custody Agreement Breach?

A custody agreement breach occurs when a parent violates one or more terms of the custody agreement. Examples of custody agreement breaches include refusing to return the child to the other parent at the agreed upon time, preventing the other parent from seeing the child, and taking the child out of state without permission. Any breach of the custody agreement can cause stress and turmoil for both the child and the other parent.

What Can You Do if Your Ex-Spouse is Breaching the Custody Agreement?

If your ex-spouse is breaching the custody agreement, you have several options available to you. The first step is to document the breach and gather evidence. Keep a detailed record of dates, times, and incidents related to the breach. Save any relevant communication such as emails, text messages, or voicemails. You may also want to consider hiring a private investigator to gather evidence if necessary.

The next step is to try and resolve the issue with your ex-spouse. You can attempt to work out a solution with them directly or with the help of a mediator. If this fails, you can file a motion for contempt with the court. This is a legal action that asks the court to enforce the custody agreement and hold the breaching parent in contempt of court.

It`s important to note that the court takes custody agreement breaches seriously, and a parent found in contempt can face fines, community service, or even jail time. Additionally, the court may modify the custody agreement to prevent future breaches.


A custody agreement breach can have a significant impact on a child`s well-being, as well as the relationship between the child and the other parent. If your ex-spouse is breaching the custody agreement, it`s important to take action to protect your child`s best interests. Document the breach, attempt to resolve the issue, and if necessary, seek legal help. By doing so, you can help maintain a stable and healthy environment for your child.