If a Parent Refuses to Follow the Custody Order in Oklahoma the courts will punish the offender. Child custody orders are designed to protect the best interests of your children and create stability after a separation or divorce. But what happens when one parent refuses to follow the court’s order? Maybe they’re denying visitation, failing to return the child on time, or making major decisions without your input. When this happens, you have several legal options under Oklahoma law to enforce your rights and hold the other parent accountable.
Start by Documenting Every Violation
Before you take legal action, it’s important to keep careful records of each time the other parent violates the custody or visitation order.
- Write down dates, times, and details of what occurred.
- Save texts, emails, or voicemails that show communication or missed visits.
- Keep copies of the custody order itself so you can refer to the exact terms being ignored.
This documentation of a timeline makes a huge difference. When we end up in court the time line is a guide to some of the questions I might ask you. When we get to court its critical that we have times and dates when the other Parent Refuses to follow the Custody Order.
Try Communication First
If it’s safe to do so, you may want to attempt direct communication with the other parent to resolve the issue. Sometimes, misunderstandings or scheduling conflicts can be worked out without legal intervention. The attempts that you make to communicate should also be noted in your time line. If that doesn’t work the court will want the other parent to explain why.
Motion for Contempt of Court
If the other Parent Refuses to Follow the Custody Order and continues to violate the custody order, your next step is often to file an “Application for Contempt Citation” with the district court in the county the order is entered.
Under 12 O.S. § 1115, a parent who willfully disobeys a lawful court order — such as a custody or visitation order — can be found in contempt of court.
If the court finds the other parent in contempt, the judge may:
- Order make-up visitation for missed time.
- Impose fines or jail time (up to six months) for willful violations.
- Award attorney’s fees to the compliant parent for having to bring the enforcement action.
Judges take custody violations seriously, especially when one parent repeatedly undermines the court’s authority or disrupts the child’s stability.
File a Modification of Custody or Visitation
Courts always disfavor the parent who acts unreasonably in a custody case. This may also be a reason to change custody. In some cases, chronic noncompliance is a sign that the current arrangement is not working. This in itself is an unforeseeable change in condition since the last court order for custody and visitation. You may be able to file a Motion to Modify Custody or Visitation under 43 O.S. § 112.
To modify a custody order, you must show:
- A permanent, material, and substantial change in circumstances affecting the child’s best interests; and
- That the requested change would better serve the child’s welfare.
If one parent continually disobeys court orders, interferes with visitation, or manipulates the child, those actions may meet the standard for modification. In extreme cases, the court can transfer custody to the more compliant parent.
Don’t Engage in a Tit for Tat By Violating the Order Yourself
It can be tempting to withhold visitation or take matters into your own hands, but doing so can backfire. The court expects both parents to follow the existing order until it’s officially changed.
Even if the other parent is in the wrong, violating the order yourself could put you at risk of contempt as well. Always pursue enforcement or modification through the proper legal channels.
The Bottom Line in Child Custody Disputes
When the other parent refuses to follow a custody order in Oklahoma, you are not powerless. You can:
- Document every violation in your timeline.
- Try communication or mediation. Remember the parent that acts the most reasonable is greatly favored by the Judge in your case.
- File for contempt or enforcement of the visitation order that’s in place.
- Request a modification if the violations continue.
- In emergencies, involve law enforcement.
By acting quickly and lawfully, you can protect your relationship with your child and ensure that the court’s orders are respected.
Contact a Family Law Attorney In Tulsa County
When a Parent Refuses to Follow the Custody Order that’s in place the Tulsa County Lawyers group can help you. Our child custody attorneys will file contempt citations along with motions to modify in cases where the other parent refuses to abide by the orders that are currently in place. For a free and confidential consultation call our Tulsa attorneys at 918-379-4864.
