What Happens If the Custody Agreement is Broken? Legal Consequences- Explained 2024

To maintain the custody agreement, both of the parties involved in this agreement are required to consent to it. But it always becomes more complex and challenging. When controversy occurs between the individuals, they unwittingly break their custody agreement.

Breaking a custody agreement is a very consequential matter and a violation of court order. Moreover, when the parents agree on child custody, it is generally a legally binding order. When they break this custody agreement, it leads to serious legal consequences.

Some Common Custody Agreement Violations

Custody Agreement

Some of the most common custody agreement violations have legal consequences.

  • Denying Visitation
  • Taking the children without notice
  • Alienating the other parent
  • Denying communication
  • Putting the children in danger
  • Parenting time schedules
  • Disobeying the custody agreement
  • Failure to support the child
  • Education decisions
  • Religious differences

Denying Visitation

When the breaching parent has inspired parental alienation, generally, it happens that the child denies seeing the other parent. The violating parent only does this to prevent the child from harm, as no law denies the visitation.

Taking The Children Without Prior Notice

Generally, if a parent takes the child out without notice to the state or other parent, it usually violates the custody agreement and leads to legal consequences. Moreover, it is not against the law; legal steps must be followed.

Alienating The Other Parent

Depending upon the terms of the custody agreement, speaking something terrible about the other parent to the child is also considered a violation. The court generally takes serious action on this violation because this leads to alienating the child from the other parent.

Denying Communication

Denying the parent and child’s communication can be considered a violation if a parent is continuously blocking the calls of another parent to interfere with the communication, so it is generally considered a pattern of misbehavior because these calls can be reasonable.

Putting The Children in Danger

Protecting the child is the first and foremost duty of both parents. If any of the parents puts the child in danger during the visitation, it leads to the violation of the terms of the custody agreement, which leads to severe legal consequences.


Disobeying The Custody Agreement

Violation of the child custody agreement deals with the situation when one parent is not following the terms of the agreement. This usually leads to disobeying the custody agreement, creating legal consequences.

Parenting Time Schedules

Parents are encouraged to make the proper parenting time schedules for the children by considering their best interests. This schedule can be like one parent having the children from Monday to Thursday and the other for the remaining days. Moreover, one parent may keep the child for a week and then switch. Any disagreement also leads to the violation of the custody agreement.

Failure To Support The Child

If one of the parents fails to make the payment based on the custody agreement promptly, it also leads to the violation of the custody agreement, and for that reason, the parent has to face legal consequences.

Education Decisions

 The violation of the custody agreement generally leads to the violation of legal custody, which involves the power to make decisions such as schooling, upbringing, and education. This also has legal consequences because it is included in the terms of the custody agreement.

Religious Differences

It is generally in the terms of many custody agreements that the religion is described. If a parent forces the child to follow a religion that is not mentioned in terms of the custody agreement, it is also a kind of violation.

Following are some significant legal consequences of violating the custody agreement.

  • If you break a custody agreement, you can be put in the court’s audacity.
  • If you break a custody agreement, you must pay fines, serve the community, and sometimes even be jailed.
  • Furthermore, it harms the relationship with your child.
  • If you break a custody agreement, it can prove detrimental to your child’s welfare.
  • Moreover, breaking the custody agreement leads to a disturbance in your child’s life.
  • It’s necessary to hold the parent civilly liable.
  • Interfering with the visitation rights of the subordinate and the mental health of a child may be disturbed if you do not provide him proper care with affection.
  • Parents can even face criminal charges if the court deems they are involved in danger to the child.

Criminal Penalties For Violating The Custody Agreement

A parent must pay the criminal penalties if he violates the custody agreement. You face criminal penalties for violating the custody agreement in many situations. First of all, when you are well aware that you are taking the children without any permission, you also know that it is against the custody agreement. 

Secondly, when you are not allowed to have the child in your custody, and you take him without the permission of the court; lastly, when you take the child out of the country to deprive the other parent of the child.

What Should Be Done If Someone Is Breaking The Custody Agreement?

Following are the steps you can take if someone breaks the custody agreement.

  • First of all, if you notice that the other parent is not following the terms of the custody agreement, it is better to bring your agreement back to the court to punish the parent and file a motion for contempt.
  • Secondly, communication with the parent can also prove helpful and request changes in the terms of the custody agreement.
  • Lastly, it is necessary to document any violation committed by the other parent.
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