Child custody orders are legally binding. When a court in Minnesota issues a custody order—whether it involves legal custody, physical custody, or parenting time—both parents are required to follow it. But what happens when one parent decides to ignore the rules?
Whether it’s a missed exchange, an unauthorized relocation, or ongoing interference with your parenting time, custody violations can create emotional chaos for families—and serious legal consequences for the parent at fault.
At Martine Law, we help parents understand their rights and enforce court orders when the other side refuses to cooperate. Here’s what you need to know if you’re dealing with a custody violation in Minnesota.
What Is a Custody Order Violation?
A custody order violation occurs when one parent willfully ignores or disobeys a court-issued custody agreement. This may include:
- Refusing to return the child at the agreed time
- Denying court-ordered parenting time
- Taking the child out of state without permission
- Making major decisions about the child without the other parent (when legal custody is shared)
- Interfering with the child’s communication or relationship with the other parent
These actions are not just inconvenient or frustrating—they can be considered contempt of court, and they may trigger both civil and criminal consequences.
Common Examples of Custody Violations
Custody disputes can escalate quickly, especially when emotions run high. Here are some common violations we see:
❌ Withholding Parenting Time
One parent refuses to let the child spend time with the other, even though the court has ordered regular visitation.
❌ Interfering With Communication
A parent blocks calls, texts, or video chats between the child and the other parent, disrupting the relationship.
❌ Moving Without Notice
A parent moves the child to a different city or state without notifying the court or getting permission, violating relocation rules.
❌ Making Decisions Alone
In joint legal custody arrangements, one parent makes significant choices (like changing schools or medical providers) without agreement.
❌ Alienation
One parent talks negatively about the other to the child, or pressures the child to refuse visits—this may be considered parental alienation.
Legal Consequences for Violating a Custody Order in Minnesota
The Minnesota family court system takes custody violations seriously, especially when they impact a child’s stability or emotional well-being.
Here’s what could happen to the violating parent:
1. Contempt of Court
The most common legal action is a motion for contempt, where the violating parent must appear in court to explain their actions.
If the court finds the violation was willful, the judge may order:
- Fines
- Make-up parenting time
- Attorney’s fees paid to the compliant parent
- Community service
- Jail time in extreme cases
2. Modification of Custody or Parenting Time
Repeated or serious violations may prompt the court to modify the existing order, reducing the violating parent’s time or responsibilities.
For example:
- The court may award sole physical custody to the other parent
- Parenting time may be changed from unsupervised to supervised visitation
3. Criminal Charges
In severe situations, such as custodial interference or abduction, criminal charges may apply under Minn. Stat. § 609.26.
Penalties may include:
- Misdemeanor or felony charges
- Arrest and jail time
- Criminal record
If one parent takes the child and hides them or leaves the state without authorization, it may qualify as parental kidnapping—a felony offense.
What Should You Do if the Other Parent Violates the Order?
You have legal options, but it’s important to approach the situation strategically.
1. Document the Violation
Keep detailed records of:
- Missed exchanges
- Denied visitation
- Texts, emails, or voicemails
- Witnesses who can support your claims
This documentation will be key when filing a motion in court.
2. Attempt Communication (if safe)
Sometimes misunderstandings happen. If it’s safe, try resolving the issue with a calm, respectful conversation or written message.
If things are tense or the situation is dangerous, do not confront the other parent in person. Let your lawyer handle it.
3. Consult Your Family Law Attorney
An experienced attorney can review your situation, advise you on whether a contempt motion is appropriate, and help you navigate the court process.
4. File a Motion to Enforce or Modify
Your lawyer can help you file a motion to enforce the existing order or ask the court to modify custody based on the violation.
What If You’re Being Accused of Violating the Order?
On the other side of the coin—maybe you’re being accused of violating the order, and you feel the accusations are unfair or taken out of context.
Here’s what to do:
- Don’t panic. These situations are stressful, but a strong legal defense matters.
- Gather your evidence. If the other parent failed to show up, changed plans last minute, or agreed to an alternate arrangement, keep records.
- Don’t retaliate. Two wrongs won’t help your case—stick to the order as closely as possible.
- Get legal counsel. Martine Law can help you present your side clearly and protect your custody rights.
Can the Police Enforce Custody Orders?
Yes—but with limitations.
Local law enforcement may assist in enforcing custody orders, especially in emergency situations or during parenting time disputes. However, they may decline to intervene if the order lacks clear terms or if the dispute doesn’t rise to a criminal level.
That’s why it’s important to have a specific, detailed custody order—not vague language that leaves room for interpretation.
How Martine Law Can Help
At Martine Law, we know how emotional custody battles can be—especially when the other parent plays games with your time, your rights, and your relationship with your child.
We help Minnesota parents:
- Enforce custody and parenting time orders
- File contempt motions
- Modify orders when violations occur
- Defend against false or exaggerated accusations
Your child deserves stability, and you deserve respect for the role you play in their life. Let us help you protect both.
📞 Schedule a consultation now to take the next step toward resolution.