How do I file a motion to enforce a divorce decree?

How do I file a motion to enforce a divorce decree?

Complete and file a motion to enforce your divorce decree. Expect to pay a filing fee when you do so. When you file a motion with the court, you are asking the judge to enforce the terms of your divorce decree. Your ex-spouse may respond to your motion. The court will then set a date for a hearing.

What happens when one parent violates a court order?

When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. Not only that, but they could face custody and visitation-related consequences if the court considers it to be a serious and consistent enough issue.

What do you do if you have no custody agreement?

If you do not have a Court Order that the children live with you, you should still try to speak to the other parent and see if you can reach an agreement. If you cannot reach an agreement then you can apply to the Court for a Recovery Order and at the same time you should apply for Parenting Orders.

Can you get full custody without going to court?

In general, child custody agreements must be approved by a judge in order to be legal and enforceable under state laws. Although a judge will need to approve the child custody agreement, there are other ways of arranging the agreement outside of court before bringing to a judge for approval.