What Happens if My Ex Violates Our Custody Agreement in Illinois?

 Posted on March 18, 2025 in Child Custody / Parental Responsibilities

When a custody agreement is reached and court-approved in Illinois, both parents are legally obligated to follow its terms. If your ex violates your custody order, it can create stress and confusion, and harm you as well as your child. Fortunately, Illinois law offers several options for enforcing custody agreements and protecting your parental rights. To find out more, speak with a qualified Illinois family lawyer who can explain the various strategies and offer valuable guidance.

How Can a Parent Violate a Custody Arrangement?

As we all know, life does not always go as planned, and unexpected things can happen that force us to adjust. Unmarried parents with shared parental responsibilities need to keep that in mind. For example, if one parent is stuck in traffic and running a few minutes late to drop the child off with the other parent, or one becomes sick with a fever and cannot manage to pick the child up according to the agreed schedule, it would not typically be considered a valid time to seek court intervention.

However, if a parent violates a custody arrangement repeatedly, it might become necessary to seek the court’s assistance for enforcement. If the other parent repeatedly refuses to return your child at the designated time; denies you your scheduled parenting time; takes your child out of Illinois without giving you proper notice or getting permission; or makes decisions about your child’s education, healthcare, or religious upbringing without consulting you even though you are supposed to make these decisions together, these are considered violations of your custody order. When your ex violates it repeatedly, you need to take action to protect your rights and your child's well-being.

How Can I Address Custody Violations in Illinois?

If your ex is violating your custody order, there are several steps you can take to help you protect your parenting time and parental rights:

Document the Violations

Keep detailed records of each violation. Include dates, times, and descriptions of what happened. Save text messages, emails, or voicemails that show your ex's non-compliance. This evidence will be valuable if you need to involve the court.

Communicate with Your Ex

Sometimes, there are simple misunderstandings or scheduling conflicts that lead to these issues. A calm conversation or written communication may resolve the issue without legal action. However, if your ex blatantly ignores you or responds aggressively, this can help you demonstrate that you were not misinterpreting an innocent mistake but rather your ex was knowingly violating your agreement.

File a Motion for Contempt

If informal solutions do not work, you can file a motion for contempt with the court. This motion asks the judge to enforce the existing custody order and hold your ex accountable for violations. In response, the judge might penalize your ex by granting you make-up parenting time, imposing fines or legal fees for the violations, or modifying your custody order to better protect your parenting rights.

In extreme cases, custody order violations can even lead to criminal charges. For example, when a parent unlawfully takes a child out of state or refuses to return them for an extended period, there could be charges such as parental kidnapping. Illinois courts take these situations very seriously and involve law enforcement if necessary.

Request a Custody Order Modification

If your ex’s repeated violations demonstrate that the current arrangement is not in your child's best interests, you can petition the court for a modification. Courts in Illinois prioritize the child’s well-being and may alter custody arrangements if one parent consistently disrupts the agreed-upon schedule.

Consult a Lawyer

Probably the most important step you can take is to work with a proven family law attorney who can advise you on the best course of action and help you understand your rights.

Contact a Cook County, IL Custody Violation Attorney

If your ex continuously violates your custody agreement, speak with an experienced Chicago, IL family lawyer about what you can do about it. At The Law Offices of Curtis Bennett Ross, L.L.C., we are passionate about helping parents prioritize their children’s best interests and we will work tirelessly to ensure that your parental rights are protected. Call us at 312-984-1514 so we can begin working on a plan that is tailored to your needs.