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Clients have a lot of options when their spouses or ex-spouses violate possession and access agreements and that really comes down to or the main solution really comes down to what’s called an enforcement. And the enforcement document can be filed with the court and it’s a little bit different than a regular petition or motion because you’re essentially letting the court know that somebody has violated an order that’s in place. We always advise our clients when they’re potentially seeking this type of enforcement issue to make sure that they’re making a really good record of violations. For a possession and access agreement that looks like physically and literally going to the spot in your order for pick up and drop off and waiting for your child and then documenting if your ex did not drop your child off to you. And keeping those types of records really help clients when they’re looking to file that enforcement action and it’s going to help the client seek make up time and attorney’s fees in bringing forward that cause of action.
Houston, TX family law attorney Katelynn Duane Armijo talks about the options you have if your ex-spouse violated your visitation agreement. She explains that clients have several options when their spouses or ex-spouses violate possession and access agreements, but the primary remedy is typically an enforcement action. This document is filed with the court to inform the judge that someone has violated an existing order. She always advises her clients who are considering enforcement to maintain a thorough and detailed record of any violations.
In cases involving possession and access, this means physically going to the designated pick-up and drop-off location specified in the order, waiting for the child, and documenting any instance in which the other parent fails to comply. Keeping accurate records of these violations is crucial, as it strengthens the client’s position when filing for enforcement. Such documentation helps clients seek make-up time with their children and recover attorney’s fees associated with bringing the enforcement action.
