What happens if I violate a custody order in Connecticut?

Navigating life after a divorce or separation is challenging, especially when children are involved. Your parenting plan, which is part of a legally binding court order, is the roadmap for how you and your co-parent will raise your children. But what happens if one parent goes off-road? If you violate a custody order in Connecticut, you could face serious legal consequences, including being found in contempt of court.

A judge doesn't see a custody order as a mere suggestion; it's a mandate that must be followed. When you disregard its terms, the other parent can take you back to court. A judge can then enforce the order and impose penalties. These can range from ordering you to pay the other parent's attorney's fees to, in very serious cases, modifying the parenting plan or even imposing jail time. Understanding the gravity of these orders is the first step in protecting your parental rights and, most importantly, your child's well-being.

This article will walk you through what it means to violate a custody order in Connecticut, the legal process that follows, and the potential outcomes.

Understanding Connecticut Custody Orders

In Connecticut, a custody order, often called a parenting plan, is a detailed document approved by a judge that outlines the rights and responsibilities of each parent. The Superior Court has the authority to "make or modify any proper order regarding the custody, care, education, visitation and support of the children" (C.G.S. § 46b-56).

Every decision a judge makes is guided by one overarching principle: the best interests of the child. The court considers numerous factors listed in C.G.S. § 46b-56(c), such as:

The child's developmental needs.
The parents' ability to meet the child's needs.
The child's relationship with each parent.
The willingness of each parent to encourage a relationship between the child and the other parent.

Your final parenting plan (C.G.S. § 46b-56a) becomes a formal court order. It's not just an agreement between you and your ex-partner; it's an enforceable decree. Any deviation from that plan without the other parent's consent or a new court order can be considered a violation.

What Counts as a Violation?

Violating a custody order in Connecticut can take many forms, from subtle to overt. It’s not always about one parent dramatically refusing to return a child. More often, it's a pattern of behavior that disrespects the terms of the parenting plan.

Common examples of violations include:

Denying Parenting Time: Refusing to allow the other parent to see the child during their scheduled time.
Interfering with Communication: Blocking phone calls, video chats, or other contact between the child and the other parent.
Being Consistently Late: Regularly showing up late for pick-ups or drop-offs, which disrupts the child's schedule and the other parent's time.
Unilateral Decision-Making: Making significant decisions about the child's health, education, or religious upbringing without consulting the other parent, if the plan requires joint decision-making.
Unauthorized Relocation: Moving with the child a significant distance without the other parent's permission or a court order, which can impact the existing parenting schedule (C.G.S. § 46b-56d).
Disparaging the Other Parent: Speaking negatively about the other parent in front of the child, which can be seen as undermining the parent-child relationship.
Exposing the Child to Harm: Violating specific clauses in the order, such as those prohibiting substance use around the child or contact with certain individuals.

A single, minor incident—like being 20 minutes late due to a traffic jam you communicated about—is unlikely to land you in serious trouble. However, a pattern of willful non-compliance is what leads to court intervention.

The Legal Process: Filing a Motion for Contempt

If you believe your co-parent is violating the custody order, the primary legal tool in Connecticut is the Motion for Contempt. This is a formal request asking a judge to find that the other parent has willfully disobeyed a court order and to impose penalties.

Here’s how the process generally works:

1. Filing the Motion: The parent who believes the order was broken (the moving party) files a Motion for Contempt with the Superior Court that issued the original custody order. According to the Connecticut Practice Book § 25-27, the motion must be very specific. It needs to state: * The exact date and language of the order that was violated. * The specific actions (or inactions) that constitute the violation. * The relief you are asking the court to grant (e.g., make-up parenting time, attorney's fees).

2. The Court Hearing: The court will schedule a hearing where both parents must appear. * Burden of Proof: The parent who filed the motion has the burden of proving to the judge that a clear court order existed, that the other parent knew about it, and that they violated it. * The Defense: The parent accused of the violation will have a chance to defend their actions. A valid defense might be that the violation was not "willful." For example, a true medical emergency prevented them from making a scheduled exchange. Simply disagreeing with the order is not a valid defense.

3. The Judge's Decision: The judge will listen to both sides and review the evidence. The key determination is whether the violation was willful. A willful act is one done intentionally and without a valid excuse. * If Not Willful: If the judge finds the violation was due to a misunderstanding or a legitimate emergency, they may not find the parent in contempt. However, they will likely still order the parent to comply with the order going forward. * If Willful: If the judge finds the violation was willful, they will find the parent in contempt of court and can impose penalties.

Penalties for Violating a Custody Order in Connecticut

When a judge finds a parent in contempt, they have several tools to enforce the order and discourage future violations. The goal is not just to punish, but to ensure compliance for the child's benefit.

Under Connecticut law, particularly C.G.S. § 46b-87, the consequences if you violate a custody order in Connecticut can include:

Payment of Attorney's Fees: This is one of the most common outcomes. The law states that when a person is found in contempt, "the court may award to the petitioner a reasonable attorney's fee." This means the parent who violated the order may have to pay the legal fees the other parent incurred to bring the matter to court.
Make-Up Parenting Time: The court can create a schedule for the parent who missed time to make it up, ensuring they don't lose that precious contact with their child.
Fines: The court can impose a financial penalty on the non-compliant parent.
Mandatory Counseling or Classes: A judge has the authority to order the parent to participate in co-parenting counseling, anger management, or other programs designed to address the root cause of the non-compliance (C.G.S. § 46b-56(i)).
Modification of the Parenting Plan: While a single contempt finding might not be enough to change custody, a pattern of willfully violating a custody order in Connecticut can be considered a "substantial change in circumstances." The compliant parent could file a Motion for Modification. If the court finds that the violating parent is actively harming the child's relationship with the other parent, it may decide to change the custody arrangement, such as by reducing the violating parent's parenting time or giving the other parent sole decision-making authority.
Jail Time: Incarceration is the most severe penalty and is reserved for egregious or repeated violations. A judge may sentence a parent to jail to compel them to follow the order. If a parent is facing potential jail time for civil contempt, they have a right to be represented by an attorney (Practice Book § 25-63).

Frequently Asked Questions About Custody Order Violations

1. What if I had a good reason to violate the custody order, like an emergency?

A true emergency can be a valid defense against a contempt finding. The key is whether your action was "willful." If your child had a medical emergency and you had to rush them to the hospital instead of an exchange, a judge would likely not find you in contempt. However, it is crucial to communicate with the other parent as soon as possible and provide proof of the emergency. A disagreement or your child simply not "wanting to go" is generally not considered a valid emergency.

2. Can I stop paying child support if my co-parent violates the custody order?

Absolutely not. This is a common and costly mistake. In Connecticut, child support and parenting time are two separate court orders. If you stop paying child support, you are also violating a court order and can be held in contempt yourself. The proper course of action is to continue paying support and file a Motion for Contempt regarding the parenting time violation.

3. Can the police enforce my parenting plan?

Generally, no. Custody orders are civil matters, not criminal ones. The police will typically not get involved in a dispute over parenting time unless there is evidence of a crime, such as kidnapping, or a belief that the child is in immediate physical danger. Your remedy is through the family court, not law enforcement.

4. My child is a teenager and refuses to go for visits. Can I be held in contempt?

This is a difficult situation. While the order is your responsibility to follow, Connecticut courts recognize that it becomes harder to force an older, resistant child. A judge will look at the specific circumstances, including the child's age and maturity, the reasons for their refusal, and what efforts you made to encourage them to follow the plan. If your child is consistently refusing, it may be a sign that the parenting plan needs to be re-evaluated, and you should consider filing a Motion for Modification.

5. What is the difference between a Motion for Contempt and a Motion for Modification?

This is a critical distinction.

A Motion for Contempt is about enforcing the current order. It says, "The other parent is not following the rules, and I want the judge to make them."
A Motion for Modification is about changing the order. It says, "The current rules are no longer working because circumstances have substantially changed, and we need a new order."

A pattern of contempt can be the basis for a modification, but they are two separate legal actions.

6. How much does it cost to file a Motion for Contempt in Connecticut?

There is a court filing fee for the motion. The bigger cost is typically attorney's fees. However, as mentioned, C.G.S. § 46b-87 specifically allows the judge to order the parent found in contempt to pay the other parent's reasonable legal fees, which can help offset the cost of enforcement.

Getting Help

Whether you are being denied your court-ordered time or are being accused of violating a custody order in Connecticut, the situation is stressful and the stakes are high. The best course of action is to seek legal guidance.

An experienced Connecticut family law attorney can help you understand your rights, explain your options, and represent you in court. They can help you file a proper Motion for Contempt or build a strong defense against one. Remember, this article provides general information, not legal advice. Every case is unique, and only a qualified attorney who knows the details of your situation can provide the advice you need.

Conclusion

A Connecticut custody order is a serious, legally binding document designed to provide stability and consistency for your child. Violating that order, even with what feels like good intentions, can lead to significant legal and financial penalties. The court's primary tool for enforcement is a finding of contempt, which can result in orders for attorney's fees, make-up time, and, in severe cases, even a change in custody or jail time.

If your co-parent is not following the plan, document everything and seek legal help to file for contempt. If you are struggling to follow the order because circumstances have changed, don't resort to "self-help." Instead, proactively file a Motion for Modification. By respecting the court's authority and using the proper legal channels, you can protect your relationship with your child and ensure their best interests remain the top priority.