Courts have the primary responsibility of enforcing child custody orders in Chicago and Des Plaines. A parent typically should file a court petition for enforcement if he or she believes the other parent is violating a custody order. The court may choose to modify the custody arrangement, hold the noncompliant parent in contempt, or explore other methods. Can the police be part of who enforces child custody orders, though? In a few limited situations, yes, especially those involving immediate risks to a child’s safety.
Talk with an experienced child custody attorney today. Call The Rogoff Law Group at (847) 768-2194 to discuss your options.
Who Is Responsible for Enforcing Child Custody Orders in Chicago and Des Plaines?
In Chicago, children younger than 18 years old make up about 19.8% of the population. Some of these children are involved in custody disputes, and the courts typically enforce custody orders. Law enforcement does occasionally play a role.
Courts
A domestic relations court usually plays the biggest role in enforcing child custody orders. After one parent files a petition, the court has the authority to impose sanctions, including parenting education programs paid by the noncompliant parent, make-up parenting time, and custody modifications, to enforce the order.
In situations involving repeat violations, the offenses could be bumped up from civil to criminal, becoming Class A misdemeanors. There is the potential of fines and prison sentences. In very serious civil offenses, fines and jail time may be possible, too.
Law Enforcement
Police in Chicago and Des Plaines will rarely enforce a court order, but may do so if they have a civil warrant. The warrant requests a parent to turn over the child immediately and imminently, and will probably stem from an emergency motion, such as in cases where one parent is putting the child in immediate danger. This warrant allows law enforcement to enter private property to get the child. If necessary, the entry could be forcible.
To get an emergency motion, parents still need to go through the courts. When they ask the court to enforce the custody order, they should also ask about a warrant to let police ensure enforcement.
What does this look like in practice? Often, police officers show up to the parent’s residence and explain that the parent needs to bring the child out or the police will have to enter. Parents who refuse to bring their children outside risk having that decision go against them later, since it can be traumatic to the child and is not in the child’s best interests. These parents’ parenting time could be cut considerably.
What happens when one parent calls the police, and there is no warrant? In most cases, police will show up, talk with the parents, and attempt approaches such as mediation to resolve the situation.
Police may even read the court order and weigh in on a parent’s obligations. What police will rarely do is enforce the court order right then and there. Without a warrant, officers probably will not do anything when one parent takes the child inside the home and closes the door. The Fourth Amendment offers protection against government intrusion and the seizure of people, such as children.
What Happens If a Parent Violates a Custody Order?
Violating a custody order is serious, but what happens depends in part on what you, as the aggrieved parent, do. You can discuss your options with a child custody lawyer.
- File a petition for rule to show cause: The parent seeking enforcement can file a court petition, which requires the noncompliant parent to appear. If the parent is found in contempt of court for violating the child custody order, the repercussions can include fines, custody order modification, and jail time.
- File a motion to enforce the order: This motion requests that the court enforce the order, which it may do through avenues such as counseling or supervised visitation.
- Ask the court for a warrant: With immediate safety threats or abduction risks, the court may issue a warrant. It authorizes law enforcement to take the child and return him or her to the parent.
To help the chances of success in court, document all examples of noncompliance, no matter how seemingly minor. Track dates and times, and describe violations. Keep correspondence with the other parent to help prove your case.
Of course, many people would rather not go to court unless it was absolutely necessary. Navigating child custody agreements can be tricky, and it may be possible to get a parent to comply with a court order simply by one side’s lawyer sending a letter to the other side outlining the violations and the next steps if compliance does not occur within a certain timeframe.
In a few cases, the parties may agree to modify the parenting plan to fit their current situation and send it to the court for approval. Lawyers can help with how to create an Illinois parenting plan or with how to modify one to resolve custody disputes.
How a Child Custody Lawyer Can Help Enforce Your Rights
A child custody attorney can help enforce your rights in several ways. One is determining the level of conflict in the situation and how receptive the other parent might be to complying without court intervention. If motions or petitions are necessary, lawyers can handle these. A child custody lawyer can also help in emergency situations, such as those involving abduction or domestic violence.
The best questions to ask when talking to a child custody lawyer depend on the nuances of your situation. For instance, if domestic violence is an issue in your case, ask about the lawyer’s experience with domestic violence custody cases.The Rogoff Law Group has experience using multiple methods to enforce child custody orders. Contact us today.
