Calling the Cops on Ex for Violating a Custody Order
As an experienced contested divorce lawyer in Roanoke, Virginia, I sometimes receive inquiries from clients wondering: “Can I call the cops if my ex doesn’t follow the custody order in Virginia?” This is a valid concern for many parents who are dealing with non-compliance issues regarding a court-ordered custody arrangement.
In Virginia, custody orders issued by the court are legally binding agreements that both parents are required to follow. These orders outline each parent’s rights and responsibilities regarding the care and custody of their children. Failure to comply with a custody order can have serious consequences, including legal penalties and potential changes to the custody arrangement.
Can Police Enforce Custody Orders in Virginia?
When one parent refuses to follow a custody order, the other parent has legal options for enforcing the agreement. While some parents may attempt to resolve the issue through mediation or negotiation, others may need to take more decisive action to ensure that the custody order is upheld.
If your ex-spouse consistently violates the terms of the custody order and refuses to comply with the court’s directives, you may be wondering if you can call the police for assistance. In Virginia, law enforcement officers do have the authority to intervene in custody disputes if one parent is actively violating a court-ordered custody arrangement.
Under Virginia law, custodial interference is a criminal offense that occurs when one parent prevents the other parent from exercising their court-ordered visitation or custody rights. According to Virginia Code Section 18.2-49.1, any person who knowingly violates a custody order may be charged with a misdemeanor and face fines or even imprisonment.
If you believe that your ex-spouse’s actions constitute custodial interference and they are not complying with the terms of the custody order, you may have grounds to involve law enforcement. Before contacting the police, it is essential to document any instances of non-compliance and gather evidence to support your claim. This may include keeping a log of missed visitations, saving text messages or emails discussing custody arrangements, and obtaining witness statements if necessary.
Working with Your Attorney
Before taking any legal action, it is crucial to consult with your attorney to discuss the best course of action for addressing custody issues with your ex-spouse. Your attorney can advise you on the specific steps to take to enforce the custody order and protect your parental rights.
If calling the police does not resolve the situation, you may need to seek court intervention to enforce the custody order. Your attorney can file a motion with the court requesting that your ex-spouse be held in contempt for violating the custody agreement. The court may then issue sanctions or modify the custody arrangement to ensure that your parental rights are protected.
Conclusion
In conclusion, if your ex-spouse is not following the custody order in Virginia, you have legal remedies available to enforce the agreement. While calling the police should be a last resort, it is an option if your ex-spouse’s actions constitute custodial interference. Consult with your custody and divorce attorney in Roanoke to discuss the best approach for addressing custody issues and protecting your parental rights.
