How to Take Legal Action If Your Ex Violates a Court-Ordered Visitation Schedule
When a Texas court issues a visitation schedule, both parents are legally obligated to follow its terms. Unfortunately, not every parent respects these arrangements. If your ex routinely denies you access to your child or refuses to return your child as ordered, it may be more than an inconvenience; it could be a violation of your parental rights.
At Thaler Law, we understand how critical it is for parents to maintain a consistent, meaningful relationship with their children. When your parental rights are being ignored, our attorneys help you take the steps necessary to hold the other parent accountable.
Based in Georgetown, Texas, we proudly serve clients throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County.
If you’re dealing with repeated violations of a court-ordered visitation schedule, we will guide you through your legal options and fight for your place in your child’s life.
We'll explain how to identify visitation violations, gather proper documentation, and take legal action through the Texas courts to protect your time with your child.
Court-Ordered Visitation in Texas
In Texas, court-ordered visitation is often called a possession and access schedule. The most common arrangement is the Standard Possession Order (SPO), which sets a default schedule based on the child’s age and the parents’ distance from each other. Some parents agree on different terms through mediation or during the custody proceedings, but once a judge signs the order, it becomes legally binding.
Violating this schedule means one parent is interfering with the other’s court-approved time with the child. These violations can affect not just the child’s well-being but also the parental rights of the non-offending parent. The law takes these issues seriously, and Texas courts offer several enforcement options.
What Counts as a Violation of Visitation Orders?
To take legal action, you’ll need to show that your ex violated the visitation order in a specific and measurable way.
Some common violations of parental rights include denying scheduled visitation without a valid excuse, failing to return the child on time, picking the child up outside of the designated time window, refusing to exchange the child at the agreed-upon location, interfering with phone calls or virtual visits, and trying to alienate the child against you.
Even if your ex believes they have a good reason—such as claiming the child doesn’t want to go—it doesn’t excuse noncompliance. Unless there’s an immediate danger to the child, all parents must follow the court’s instructions. Repeated or intentional violations of your parental rights can warrant legal consequences.
Documenting Violations of Your Parental Rights
Before seeking enforcement through the courts, you’ll need to gather evidence of the violations. Texas judges want to see clear proof that the other parent is ignoring the court order. Keeping detailed records of missed visits or other violations can strengthen your case.
One way to document violations is to maintain a written journal that includes the dates, times, and descriptions of each incident. Save all relevant texts, emails, or voicemails in which your ex admits to skipping visits or interfering with communication. If police were contacted, keep call logs or reports as additional support.
Neutral third parties, such as childcare workers or teachers, may also be able to provide useful statements. If the court allows phone or video calls, screenshots of blocked or missed attempts may support your claims.
These documents not only support your claim but also show a consistent pattern that the court can consider when deciding what enforcement action is appropriate. Each piece of documentation is a step toward protecting your parental rights.
Filing an Enforcement Motion in Texas
If informal efforts don’t stop the violations, you have the right to ask the court to enforce the existing order. In Texas, this process starts with filing a Motion for Enforcement. This legal action asks the court to hold your ex accountable for ignoring the visitation schedule.
Your motion should clearly outline the specific parts of the order your ex violated, the exact dates and nature of each violation, and a description of how your parental rights have been impacted.
In most cases, the court will schedule a hearing where both parties can present evidence. You’ll have the chance to explain how the other parent’s actions have affected your time with your child and ask for relief.
Texas judges can impose several consequences for parents who violate visitation orders. These may include compensatory visitation (make-up parenting time), monetary fines or attorney’s fees, contempt of court charges (which may include jail time or probation), mandatory parenting classes, or modifications to the current custody or visitation arrangement.
These penalties are designed to reinforce the importance of respecting parental rights and following the court’s instructions. Judges will often consider whether the violations were frequent, intentional, or damaging to the child’s relationship with the other parent.
Using Law Enforcement to Enforce Visitation
In some cases, especially when one parent refuses to return the child, law enforcement can be contacted to enforce the court order. However, not all police officers are willing to intervene unless your court order contains very specific language. That’s why having a clearly worded order is critical to protecting your parental rights.
If the police won’t intervene immediately, you can request a writ of habeas corpus from the court. This legal tool compels the other parent to return the child to your custody. If your ex continues to resist or flee with the child, you may also be eligible to involve the district attorney or request law enforcement assistance through the Texas Attorney General’s Office.
When to Consider Modifying the Court Order
Repeated violations may be a sign that the existing arrangement is no longer working. In that case, you can file a motion to modify the custody or visitation order. Texas law allows modifications when there has been a material and substantial change in circumstances or when the current schedule no longer supports the child’s best interests.
Modifications may involve changing who has the right to determine the child’s primary residence, altering the possession schedule, or adding more detailed exchange instructions to prevent further conflicts.
Even when pursuing a modification, the goal is to protect your parental rights and preserve your connection with your child. Courts prefer consistency for children, but they will intervene when one parent repeatedly shows they can’t follow the rules.
How to Handle False Accusations From Your Ex
Unfortunately, some parents try to manipulate custody situations by falsely accusing the other parent of violating the order. These false claims can damage your reputation and put your parental rights at risk. If your ex is making inaccurate statements, be sure to maintain your own detailed records and consult with an attorney quickly.
You have the right to defend yourself in court and present your own evidence to correct the record. If the judge finds that your ex has been making false claims in bad faith, they may face legal consequences, including attorney’s fees or a custody modification.
Practical Tips for Protecting Your Parental Rights
Maintaining a steady, documented approach to visitation issues gives you the strongest foundation for legal action. Here’s a simple list to follow if your ex is violating court-ordered visitation:
Stay calm and avoid escalating the conflict in front of your child
Document each missed or disrupted visit with clear evidence
Continue showing up for your parenting time, even if denied access
Communicate respectfully and in writing whenever possible
File a Motion for Enforcement if violations persist
Seek legal advice before making any unilateral changes
Consider a modification request if the pattern continues
Each step is part of asserting and defending your parental rights. By staying consistent and focused on your child’s best interests, you send a clear message to both your ex and the court.
Contact a Custody Lawyer Today
At Thaler Law, we help parents protect their parental rights and pursue legal solutions when visitation orders are violated. If your ex is ignoring a court-ordered schedule, don’t wait to act. We proudly serve Georgetown, Texas, and surrounding areas, including Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. Contact us today to take the first step toward restoring your time with your child.
