What Happens If My Ex Ignores Our Custody Agreement?

 Posted on April 04, 2025 in Child Custody

When parents get divorced, legally separated, or were never married to begin with, they have a custody agreement that outlines each of their responsibilities and rights regarding their child. When one parent refuses to uphold the terms of the agreement, it can create significant stress and conflict. Fortunately, custody agreements are legally binding, so if your ex refuses to abide by yours, a qualified Illinois family law attorney can explain your rights and how you might proceed. 

How Can I Address a Violation of My Custody Agreement?

If your child’s other parent is ignoring the terms of your custody order, consider taking the following steps to address the issue:

Communicate with the Other Parent

Sometimes a custody agreement violation does not happen on purpose. There could be a misunderstanding to blame. A logistical challenge might make it impossible for the other parent to uphold their end of the agreement. Whatever the cause, trying to resolve the matter amicably through clear communication could be a smoother way to address it.

Document the Violations

You need to keep a clear record of all violations of the custody order by your child’s other parent. These can include missed visitations, refusal to return the child at the agreed time, or any other violations.

Seek Legal Advice

Consult with an attorney who can help clarify your legal options. An experienced family law attorney can review the situation and determine the best course of action.

File a Petition for Enforcement

If your attempts to resolve the matter informally are unsuccessful, you can petition the court to enforce your custody order. A lawyer can help you follow the proper procedure to get this done. Illinois courts take custody violations seriously, and parents who refuse to follow the terms of a custody agreement can face serious legal consequences including fines and make-up parenting time.

If your child’s other parent consistently fails to adhere to your custody order, you can even seek a modification of the agreement. Courts in Illinois will consider granting this if you can prove that it would be in your child’s best interests. If the other parent shows an ongoing unwillingness to follow the agreement, the court might adjust the custody arrangement to better serve the child’s stability and well-being.

In extreme cases, continued violations can even lead to contempt of court charges, which could result in more severe legal repercussions.

Consult an Arlington Heights, IL Child Custody Lawyer

Navigating a custody dispute can be emotionally and legally challenging. An experienced Arlington Heights, IL family law attorney from A. Traub & Associates can assist in gathering evidence, filing the necessary legal motions, and advocating for the enforcement of the custody agreement. We are committed to protecting your child’s best interests and your parenting rights. Call us at 847-749-4182 to schedule an initial consultation so we can begin fighting for the outcome you deserve.