Divorce may mark the end of a marriage, but for many, it is also the beginning of a collaboration between two parents who want the best for their child. This collaboration is guided by well-crafted child custody agreements meant to provide stability and structure for families navigating the complexities of their new family dynamics. But what happens when your former partner fails to comply with these agreements?
Unfortunately, this is a common scenario for many divorced parents. Your former spouse could be consistently late for pickups, or perhaps they have made major decisions about your child’s education without consulting you. These are violations that can significantly disrupt your child’s life and lead to emotional distress and even legal consequences. If you find yourself in this position, there are steps you can take to ensure your child’s well-being.
Mediation
Picture this scenario: Your co-parent has consistently failed to return your child at the agreed-upon time or takes them out of the state without consulting you. Your first instinct might be to head straight to court. However, there is a less adversarial and more peaceful approach: mediation.
In North Dakota, many family courts encourage or even require mediation before hearing custody enforcement cases. This less adversarial approach brings you and your co-parent together with a neutral third party to discuss the issues at hand and find mutually acceptable solutions.
Court intervention
While mediation can resolve many disputes, there are times when court intervention becomes necessary. For example, if your former partner has denied you court-ordered visitation for months despite your attempts to resolve the issue, you can file a motion for enforcement with the North Dakota court.
The judge will review your case. If they find violations, the court may order make-up visitation time, modify the custody agreement or penalize the non-compliant parent.
Knowing when to act
Enforcing a child custody agreement is not about winning or losing. It is about your commitment and dedication to protecting your child’s well-being. If you feel that certain a situation is not in your child’s best interests, trust your instincts. Take a proactive step to address the issue and seek help when you need it.