If you’re sharing custody with your ex-partner, it’s important to learn and fully understand custodial interference in California, should this arise.
Read more here.
Introduction
Every parent deserves quality time with their child. In a two-parent household, this is often seen as playing a game together, practicing a sport, watching a movie, or taking your child out for a special ice cream treat. While this may be the norm in many households, single-parent homes are much more common. And, that means some children spend time between one parent’s home and the others.
Whether through a divorce, the termination of parental rights, or something else, rules will be set in place that will determine who gets custody of the child or children and when. This establishes the guaranteed time for the parent to spend with the child – and also allows all parties involved to fall into a structured schedule. The courts sign this custody arrangement into place with an order.
The justice system throughout the State of California does everything within its power to ensure the right of each parent is met. When resistance and interference strikes, consequences will arise.
Custodial Interference, Defined
Custodial interference refers to the act of one parent attempting to disrupt – or interfere – with the other parent’s rights to custody. When the court order is put into place, it requires another court order to make changes. Over time, this is necessary as kids grow, schedule changes, and so on. But you cannot begin making a change to the custody arrangements without this authorization. This is especially true if you want to protect yourself and your child. After all, making changes based on a verbal agreement does not hold the same legal value as that court order.
Before you begin making changes, you must understand the repercussions of any actions when it comes to any custodial agreements and custody rights.
Custodial Interference, Examples
As mentioned above, you may make an occasional agreement with the other parent to make changes to the arrangement. Sometimes things arise – flat tires, job requirements, etc. An occasional instance is one thing, but constant interference with the custody order can lead to big problems.
So, what exactly is considered custodial interference? Let’s take a look at a few examples:
- Leaving the state – or country – while having custody of the child without notifying the other parent.
- Moving to a new local residence, but not updating location information with the other parent.
- Using child support payments – or lack thereof – as a determination whether or not the scheduled visit happens. Unless specifically stated, failure to pay child support should not disrupt a visitation schedule.
- Using the child as a messenger between parents, rather than communicating like adults.
- Limiting the child’s ability to communicate or have contact with the other parent.
- Not allowing a child to see the other parent for a designated visit.
- Failing to adhere to set times for drop off, pick up, etc.
- Negatively referring to the other parent, demonizing him or her in front of the child.
- Attempting to lure a child to want to leave a visit or not want to visit the other parent.
- Showing up to see the child while the other parent has custody during a scheduled visit.
- Planning activities with the child during the other parent’s scheduled time – without getting consent first.
- Making false allegations of abuse against the other parent.
- Not obtaining the other parent’s consent for major decisions that affect the well-being of the child.
This list may be extensive, but it surely is not exhaustive. There are so many instances that will arise when it comes to parenting a child with another party. You must take a look at your actions first to make sure that they cannot be construed as interference before you take your next step.
When an Emergency Strikes
Did you know there are some instances of custodial interference that can be referred to as parental kidnapping? It’s true. You may think that you are doing right as a parent by protecting your child. Unfortunately – without notifying the court and by not abiding by the court order – you could fund yourself in hot water.
During an emergency, both parents typically have to agree that the temporary custody order/change should be granted. However, a California judge can grant an ex-parte order if an immediate danger to the child can be proved. For instance, physical or sexual abuse of the child, domestic abuse, etc. or if it is feared the child is going to be taken from the state.
Leaving the area or hiding your child could result in issues with the court. It is best to speak to an attorney and do things the right way.
Potential Criminal Charges
First-time occurrences are often addressed and overlooked. Life happens – and charging a parent criminally is not what the court is after. It is the well-being of the child. Though, if it is something more serious, such as abduction or non-compliance, then the Judge may temporarily or permanently change the custody order.
What happens to the offending parent? Can criminal charges be filed? Well, a few things could happen. The offending parent could be fined and/or forced to pay the other’s attorney fees. The judge could order counseling or supervised visitation. Or, in certain situations, the parent could be charged with something like parental abduction if he/she intended to hide the child. This could mean serving jail time and even the loss of custody.
These situations are incredibly circumstantial and are best addressed with the help of an attorney.
Know Your Rights as a Parent
Bottom line: you are a parent and you will do everything possible to make sure that your child is cared for and protected. You may follow the custody order down to every detail. But, if an instance arises that makes you feel you need to protect your child, you may consider doing so – despite the agreement.
Knowing your rights and being represented is the best way to make sure you will always have open communication and regular visitation with your child or children. Remember, the State of California strongly upholds these agreements to ensure the best interest of all parties, including the minors. If you feel your custodial order is not fulfilling your need, file for changes the right way – with your attorney and through the court system. This is the safest way to safeguard the relationship with your kids.
