Enforce the Order You Fought to Achieve

Sometimes after the conclusion of a Family Court petition or Supreme Court action, the other parent decides not to follow the terms of the legal custody or physical custody order. Perhaps there are times when the other parent refuses to return your child or other times they are not willing to follow your medical directions. When this happens, a violation petition in Family Court becomes necessary to enforce your rights and do what is in the best interest of your child.

A Violation Petition Can be Filed in New York Family Court

A violation petition is filed the same way that a custody petition is filed. A sample petition is located on the New York Family Court’s website.

The violation petition must include the following language:

THE PURPOSE OF THE HEARING REQUESTED IN THIS PETITION IS TO PUNISH YOU FOR CONTEMPT OF COURT, WHICH MAY INCLUDE SANCTIONS OF A FINE OR IMPRISONMENT OR BOTH. YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.

The first section of the petition asks for basic information such as the parents’ names, the names and addresses of the children, and the terms of the original custody agreement.

A copy of the custody agreement or order needs to be attached to the petition.

The next section requires that the parent state why they believe the other parent has violated the court order. The more detail placed into this section the better. Exhibits such as text messages, e-mails, or other communications from the other parent or third parties can also be attached.

Experienced custody attorneys like Daniel Szalkiewicz and Cali Madia are able to draft strong papers in your favor to show why the order is being violated.

A Violation Petition is the Same as a Contempt Action

A parent who violates a custody petition can be held in contempt. Contempt means the parent can be fined or imprisoned for their violations.

Results of a Violation Petition

Violation petitions are serious allegations. If a parent is found to violate a previous court order, the Family Court can modify the previous custody arrangement. The parent who violates the custody order can lose custody or have time taken away from them. If a parent had joint legal custody the court can give one parent sole legal custody. Similarly, the court can modify a joint physical custody order to award one parent primary physical custody.

If your co-parent has violated a court order, contact Daniel Szalkiewicz & Associates for help on your matter.