There are generally two paths to securing a valid custody order in Hawaii. Some parents sit down and discuss their issues. They can then present the courts with arrangements in an uncontested custody case. Other times, when parents don’t agree about how to divide authority over their children and time with them, they may turn to a family law judge. Judges try to create custody orders that are in the best interests of the children.
Parents sometimes end up regretting the terms that they agreed on or resenting the terms imposed by a judge. Can one parent decide to deviate from a court-approved custody order based on their own wishes or beliefs?
Custody orders are enforceable in court
A custody order is not a polite suggestion. It is a court order backed by the full authority of the Hawaii family courts. When one parent refuses to grant the other access to the children or otherwise grossly violates a custody order, the courts can enforce the order. Particularly when the issue represents a pattern of attempted parental alienation, the courts may respond negatively to someone violating a custody order.
Enforcement actions and family court can lead to a judge declaring one spouse in contempt of court and imposing penalties. In many cases, judges reprimand the non-compliant parent and give them an opportunity to correct the issue before taking further action. Often, that involves allowing for make-up parenting time and otherwise facilitating the repair of the relationship that the other parent has with the children.
In scenarios where one parent uses the children as a weapon, openly threatens the other parent or continues to violate custody orders after previous enforcement efforts, judges may view their actions quite negatively. In addition to declaring one spouse in contempt of court, a family law judge may decide to modify the custody order.
If one adult has demonstrated an ongoing unwillingness to act in the best interests of the children, a judge may limit their access to and control over the children as a result of their behavior. Parents dealing with attempts at alienation and denied parenting sessions often need to begin by gathering documentation of canceled and shortened parenting time. From there, they can potentially ask the courts to assist with child custody enforcement. Proving that another parent has violated a custody order can help an adult preserve their parental rights accordingly.
