When a court issues a custody order in North Carolina, both parents must follow its terms. Strict custody terms are not just a limitation—they are there to protect each parent’s rights.
Confusion can occur if one parent violates the order. However, parents have options to protect their rights and restore stability for the child.
Know the terms of the custody order
Every custody order includes specific terms about legal custody, physical custody, visitation schedules and other responsibilities. If one parent refuses to return the child or limits communication, those actions may count as violations. Understanding exactly what the order says helps show when a violation has occurred.
Keep records of violations
If your co-parent repeatedly breaks the custody order, written documentation helps support your claim. Keep detailed notes about missed visits, denied exchanges, or unauthorized changes. Text messages and call logs can also help show patterns of behavior. These records allow courts to see the full picture.
Try to resolve the issue peacefully
When possible, parents should attempt to resolve minor issues respectfully. Misunderstandings may happen, especially when dealing with hectic schedules or family emergencies. Clear and calm communication can often prevent further problems. If a pattern develops, however, taking action may become necessary.
Take steps to enforce the order
North Carolina courts allow parents to file a motion for contempt if a co-parent does not follow a custody order. A judge will review the evidence and decide whether the other parent willfully violated the agreement. If the judge finds a violation, the court may impose consequences such as make-up parenting time, fines, or other penalties.
Even during conflict, children still need consistency, and support. When parents follow the custody order, they show the court that they act in the child’s best interests. Taking steps to enforce an order is not about punishment. It is about protecting parenting time and maintaining a safe, stable environment for the child.