Enforcement of Court Orders Relating to Custody or Visitation

by Ricardo Barrera

The Texas Family Code provides a way to make sure court orders are enforced when a person is breaking those orders. That means, that the court may impose civil fines, jail time or probation, make up time and attorney fees against the party that is found to have violated this orders of the court for custody or visitation.

The violations must be proven through clear and convincing evidence. Each violation of the court order must be clearly stated in the Petition for Enforcement that is filed with the court. It is best to keep a journal and calendar with notes on visitation, not only to use in the event there are violations, but to defend yourself if you are accused of such violations. Police reports are best when an officer is called to the residence to see that the attempted pick up of the child was timely and the child was never produced. That police officer may be ordered to testify in court in order to back up your claim.

In the alternative, police reports may also be used to show there was no pick up at all. Security cameras are inexpensive these days and may be used to show the parent never showed up at all. It is important that these camera record accurately date and time because a good lawyer will always challenge those recording based on that. The important thing is to make pick up and drop off as normal as possible, so use good judgment about how to employ the techniques mentioned here.

Should you need any help with enforcement of court orders, call Attorney Ricardo A. Barrera with the The Barrera Law Firm, PC at (956) 428-2822.



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