- July 24, 2025
- Child Custody
When your ex violates a custody order, it can leave you feeling powerless and upset. Maybe they skipped a drop-off, kept your child overnight without permission, or even took your child out of state without telling you. If you’re wondering what happens if a parent violates a custody order in Colorado, you’re not alone. These violations can disrupt your parenting time and harm your child’s well-being.
Courts take custody violations seriously. The consequences can include fines, jail time, and changes to future custody rights. If this situation sounds familiar, don’t wait. A knowledgeable child custody lawyer near you can help you act quickly.
What Constitutes a Violation of a Custody Order in Colorado?
A court-issued custody order spells out each parent’s rights and responsibilities. Violating any part of that order—whether on purpose or by mistake—can have legal consequences.
Common Types of Custody Violations
Some of the most common custody order violations include:
- Denying the other parent their court-ordered parenting time
- Refusing to return the child after scheduled visitation
- Relocating with the child without permission from the court
- Breaking court rules about communication, such as unsupervised contact or using banned apps
Each of these actions directly ignores the terms of the custody order and puts both parents and the child in a tough spot.
Understanding Intent vs. Accidental Violations
Sometimes, emergencies arise. A parent might keep the child overnight due to a snowstorm or a hospital visit. These events aren’t always violations, especially if the parent communicates clearly and documents the reason.
Parents should save texts, emails, and other proof that show they acted in good faith. Courts will look at intent. But repeated “accidental” violations without good reason or notice could hurt the violating parent later in court.
Immediate Consequences of Custody Order Violations
Violating a custody order in Colorado doesn’t just upset the parenting schedule. It triggers legal consequences quickly.
Civil Contempt of Court
When a parent breaks a custody order, the court may find them in civil contempt. That can result in:
- Fines or other penalties
- Make-up parenting time for the other parent
These consequences try to correct the harm done, not just punish the offender.
Criminal Penalties
Repeated or extreme violations can lead to criminal charges for custodial interference. In Colorado, this may include:
- Misdemeanor charges
- Jail time for repeat or intentional violations
Impact on Future Custody Decisions
Violations can hurt the violating parent’s chances of keeping or gaining more parenting time in the future. Judges will always look at what’s best for the child, and a parent who ignores the court’s orders may lose some parenting rights.
What Legal Remedies Are Available to the Affected Parent?
You don’t have to sit back and let your ex violate the custody agreement. Colorado law gives you several tools to respond.
Filing a Motion for Contempt
A motion for contempt asks the court to enforce the custody order. You’ll need to:
- File within a certain timeframe after the violation
- Provide evidence like texts, missed exchange records, or witnesses
Requesting Make-Up Time
You can also ask the court for extra parenting time to make up for what you lost. This may include:
- Adding days or weekends
- Adjusting holiday or vacation time
Seeking Emergency Court Orders
If the violation puts your child at risk, you can ask for an emergency court order. That might include:
- A temporary change in custody
- An order keeping the other parent from taking the child again
Long-Term Legal Consequences for Violating Parents
Breaking a custody order has long-lasting effects well beyond one missed visit.
Custody Modification Risks
Judges don’t look kindly on repeat violations. If it keeps happening, the court might:
- Reduce the violating parent’s parenting time
- Limit their authority to make decisions about the child
Financial Consequences
Custody violations often cost money, too. The court might order the violating parent to pay:
- Attorney fees
- Court costs
- Compensation for lost time with the child
Criminal Record Implications
Being charged with a crime like custodial interference could result in:
- A permanent record
- Trouble finding work or housing
- Issues with future custody across state lines
How Can You Prove a Custody Violation Occurred?
To get help from the court, you’ll need strong proof that a violation took place.
Documentation Strategies
Keep a written log every time your ex doesn’t follow the plan. Also save:
- Text messages and emails
- Notes from missed visits
- Statements from babysitters, teachers, or others who witnessed the violation
Working with Law Enforcement
If your ex refuses to return your child or seriously violates the order, call the police. Always:
- Show them your custody order
- Ask for a written report
That police report could help in court later.
How a Family Law Attorney Can Help
You don’t have to handle this alone. A skilled family law attorney helps protect your rights and hold the other parent accountable.
Legal Strategy Development
The attorney can review your case and help you:
- Gather strong evidence
- Choose the best legal steps to take
Court Representation
You’ll need to file the right paperwork and present your case well in court. An attorney helps by:
- Filing motions the right way
- Arguing on your behalf during hearings
Negotiation and Mediation
Sometimes, your attorney can help settle things without going to court. That could mean:
- Getting the other parent to follow the order
- Changing the parenting schedule through agreement
FAQ Section
How long do I have to report a custody violation?
Try to file a contempt motion or motion to enforce within a few weeks of the violation. Waiting too long can make it harder to get help.
Can I withhold visitation if the other parent doesn’t pay child support?
No. Custody and child support are two separate issues. Courts don’t allow one to be used as leverage for the other.
What if the other parent claims an emergency?
If it’s a real emergency, the parent should contact you right away and provide proof later. Without good reason or documentation, it’s still a violation.
Contact Our Divorce Attorneys in Colorado for Help
At Price Family Law, we understand how much is at stake when your ex breaks a custody order. Our female-owned firm brings a strong voice to family law cases. We don’t just follow the standard approach, we go above and beyond to protect our clients.
With appellate experience and a deep respect for the law, we fight to protect your rights and your child’s future. Call our office at (720) 615-1750 for a free consultation. Let us help you get the time and peace you and your child deserve.
