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Dallas, TX family law attorney Holly Draper explains what your options are if your ex-spouse violates your visitation agreement. She states that if the other parent is violating the terms of possession and access in a custody decree, there are several options available, but the viability of an enforcement case often depends on the nature of the violations. It is important to remember that for a court order to be enforceable, each parent must follow it precisely. For instance, if the possession order states that a parent is to pick up their child at six o’clock from the other parent’s residence, and the other parent says the child cannot be picked up, the parent must still show up at the designated time and place. Failing to do so may prevent enforcement of the order.
If the other parent is in contempt, an enforcement proceeding can be filed, and the court may grant various remedies. These can include makeup visitation time if access has been withheld, or in extreme cases, jail time for flagrant violations. Additionally, a parent found in contempt is typically ordered to pay the other parent’s attorney’s fees, ensuring accountability and adherence to the court’s directives.