Enforcement of Orders Attorney in McKinney, Texas

What are my options if my ex-spouse violated our visitation agreement?

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00:04
if the other parent is violating terms
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of possession and access
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in your decree there are a variety of
00:11
options but it can really depend on the
00:13
nature of the violations
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as to whether or not you have a viable
00:17
enforcement case
00:18
something to keep in mind is that in
00:20
order for an order to be enforceable
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you have to be following it to the
00:25
letter
00:27
for example if your possession order
00:30
says
00:31
that you were supposed to pick up your
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child at six o’clock from the other
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parent’s residence
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the other parent says oh i’m not home
00:38
you can’t have the child today
00:40
and you do not show up to act at six
00:44
o’clock
00:44
as required by the order then you cannot
00:47
enforce that
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so even if you have been told you’re not
00:51
going to get to see the child
00:52
or we’re not home or we’re on vacation
00:55
it is only enforceable if you take that
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extra step
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of showing up at the time and place
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designated designated in the order
01:02
now that other parent is in content we
01:05
can file an enforcement proceeding and
01:07
in that situation and seek a variety of
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remedies from the courts
01:11
we can seek makeup time if a parent has
01:14
been withholding access
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we can seek jail time for somebody who
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is
01:19
flagrantly violating their court order
01:22
and if a person is found in contempt
01:25
most likely they will be ordered to pay
01:27
the other side’s attorney’s fees

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.

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