In Arizona, child custody orders are not suggestions—they are binding court orders that both parents must follow. When one parent violates a child custody order, it can disrupt the child’s well-being and create unnecessary tension between co-parents. Whether it involves refusing to return the child, denying scheduled parenting time, or not following the parenting plan, these actions can have serious legal consequences.

Arizona family law recognizes that maintaining consistency and routine is important for children. Violations of a custody agreement can harm that stability. When parenting time orders are not followed, the court may intervene to protect the best interests of the child and restore the intended custody arrangement.

Table of Contents

• What is Considered a Violation of a Custody Order?
• How to Enforce Parenting Time in Arizona
• Contempt of Court for Violating Custody Orders
• Options for Custodial and Non-Custodial Parents
• The Role of the Court in Enforcing Parenting Plans
• When Modification of Legal Decision-Making or Parenting Time is Needed
• Frequently Asked Questions About Custody Order Violations
• Important Things to Remember
• How De Novo Law Can Help

If you’re dealing with a situation where the other parent isn’t following the parenting time schedule, Stephanie Villalobos, a Licensed Legal Paraprofessional (LP) at De Novo Law, can help you take steps to enforce your rights. With more than 30 years of experience in Arizona family law, Stephanie understands how to pursue remedies that uphold the court order and protect your relationship and the best interests of the child.

What is Considered a Violation of a Custody Order?

A custody order in Arizona outlines legal decision-making and parenting time responsibilities. Violating the custody order can happen in several ways, such as:

• Failing to return the child at the scheduled time.
• Denying the other parent their scheduled parenting time.
• Making major legal decisions (e.g., medical or educational) without the consent of the other parent in a joint legal custody arrangement.
• Taking the child out of state without permission or a court order.

Under Arizona law, each parent must follow the parenting plan approved by the court. If one parent repeatedly ignores the agreement, it can lead to legal consequences, including a violation of the custody order and being held in contempt of court, potentially affecting their sole or joint legal custody.

Violations aren’t always about withholding time. For example, a parent who consistently fails to notify the other parent about school events or medical appointments may be infringing on joint legal custody rights. Even communication breakdowns that significantly affect parenting time rights can be viewed as a violation.

How to Enforce Parenting Time in Arizona

Arizona law allows parents to petition the court to enforce parenting time if the other parent refuses to comply with a custody agreement. According to the Arizona Rules of Family Law Procedure, you can file a petition to enforce parenting time and ask the court to:

• Reinstate missed parenting time.
• Order make-up time to ensure substantially equal parenting time for both parents.
• Impose penalties such as parenting classes or legal fees.
• Modify the existing custody or parenting time order if violations are ongoing to protect visitation or parenting time rights.

When enforcing a parenting time order, you must provide documentation of the violation. This can include text messages, emails, or testimony that proves the other parent violated the order and refused to follow the parenting plan.

The Arizona Supreme Court has emphasized that the best interests of the child guide enforcement decisions. A judge will consider whether the violation was intentional and how it affected the child’s routine and relationship with the custodial parent and the other parent.

Contempt of Court for Violating Custody Orders

A parent who violates a child custody order may be held in contempt of court. This legal action can lead to:

• Fines
• Parenting classes
• Jail time

To initiate a contempt proceeding, the parent who filed the original order must show that the violating parent willfully disobeyed the court order in Arizona, which could impact custody of the child and result in the parent to pay for damages. This is a serious legal matter, and the court may impose sanctions to ensure future compliance.

Contempt is often used when less formal efforts to resolve the issue have failed. A parent in contempt may also be required to pay legal fees or attend family law mediation related to the violation of the custody order.

Options for Custodial and Non-Custodial Parents

Both custodial and non-custodial parents have options when the other parent refuses to follow the parenting plan, including seeking legal action.

• Custodial parentIf the other parent fails to return the child or disrupts scheduled parenting time, you can file a petition to enforce the order or seek emergency relief for violation of the custody agreement.
• Non-custodial parent: If you are being denied your court-ordered parenting time, you can file a motion for enforcement and ask for make-up time.

The court may also consider modifying the parenting time schedule or legal decision-making authority if the violations are severe or repeated. When parenting time would endanger the child’s physical or emotional health, a parent may file for an emergency modification.

Dealing with these violations without legal help can be stressful. A licensed legal paraprofessional like Stephanie Villalobos can provide clear guidance on Arizona custody issues and file necessary petitions with the Arizona court.

The Role of the Court in Enforcing Parenting Plans

Arizona courts take enforcement of custody and parenting time orders seriously. When a parent refuses to follow a court-ordered parenting plan, the court may take actions to enforce parenting time and legal decision-making.

• Order makeup parenting time to ensure that visitation or parenting time rights are upheld.
• Require the violating parent to attend parenting classes.
• Modify legal and physical custody arrangements.
• Assess attorney’s fees and legal costs against the violating parent.

In evaluating the situation, the judge determines whether the parent is more likely to comply with future orders regarding custody of the child. The court prioritizes the best interests of the child, focusing on maintaining contact with both parents when safe and appropriate.

If the parent repeatedly violates the court order, it could impact their legal decision-making or parenting time rights. Judges may consider awarding additional parenting time to the parent who was denied time or reducing the violating parent’s involvement.

When Modification of Legal Decision-Making or Parenting Time is Needed

Sometimes, violations of a custody order in Arizona indicate a need for long-term change. A parent must file a petition to modify parenting time or legal decision-making if:

• There has been a substantial and continuing change in circumstances.
• The current custody arrangement no longer serves the child’s best interests.

Arizona courts may modify an existing custody order if they find that doing so will better serve the child and the other parent, especially in cases of violation of the custody agreement. For example, if one parent consistently withholds the child or fails to communicate, the court may shift legal custody to the more cooperative parent.

The court uses the best interests of the child standard under A.R.S. § 25-403, reviewing factors such as each parent’s ability to provide a stable home and promote a relationship between the child and the other parent.

Frequently Asked Questions About Custody Order Violations

What can I do if my ex refuses to return my child?
You can file a petition with the court to enforce parenting time and potentially request emergency relief if the child is at risk.

Can I withhold child support if the other parent violates custody orders?
No. Child support and parenting time are separate legal issues. Withholding support can also lead to legal penalties.

What does “held in contempt of court” mean?
It means the parent has willfully disobeyed a court order and may face fines, jail time, or other penalties.

How do I prove that the parenting plan was violated?
Provide records such as emails, texts, or witness statements that show the other parent refused to follow the schedule.

What if the parenting plan isn’t working anymore?
You can ask the court to modify the legal decision-making or parenting time if there is a substantial change in circumstances.

Can a parent take a child out of state without permission?
Not without consent or a court order. Doing so may violate the custody order and lead to legal consequences.

Is it necessary to have a lawyer or legal paraprofessional help with enforcement?
While not required, it is highly recommended. Someone like Stephanie Villalobos at De Novo Law can ensure the process is handled correctly and quickly.

Important Things to Remember

• A child custody order is a binding court order in Arizona.
• Failing to follow the parenting plan can result in legal consequences.
• Either parent may seek enforcement of a parenting time order.
• Violations may lead to contempt of court or modification of the custody arrangement, which can affect parenting time and legal decision-making.
• The court prioritizes the best interests of the child.
• Child support and custody enforcement are separate legal matters.
• Legal help from a family legal paraprofessional can improve the outcome.