When you’ve gone through the stress of a child custody case, a signed order should bring stability. But what happens if your ex doesn’t follow it? Missed exchanges, refusing communication, or relocating a child without permission can leave you feeling powerless and amount to a custody order violation in Pennsylvania.
At Louis Wm. Martini Jr. P.C., we know how disruptive custody violations can be, and we help parents in Southeast Pennsylvania take action to protect their children and enforce their rights.
In this article, we’ll explain what counts as a violation, the legal tools available in Pennsylvania, and practical steps you can take right now.
What Counts as Violating a Custody Order?
Not every bump in the road is a violation. But Pennsylvania law expects both parents to follow court-approved custody schedules and responsibilities. Examples of violations include:
- Refusing to return a child at the scheduled time.
- Denying or blocking scheduled phone or video calls or messages (interfering with communication).
- Repeatedly showing up late or canceling without valid notice.
- Taking the child on extended travel without permission.
- Relocating the child without court approval if your custody order or statute requires prior notice or consent.
Legal Remedies in Pennsylvania
If violations continue, Pennsylvania law offers meaningful remedies. Under 23 Pa.C.S. § 5323(g), a court may sanction willful disobedience of a custody order. And in awarding custody, Section 5323(f) requires the court to specify the terms and conditions of the award in sufficient detail to enable enforcement through law enforcement authorities (this helps avoid ambiguity in enforcement).
Additionally, the court considers the custody factors outlined in Section 5328 when evaluating modification requests or ongoing enforcement decisions. (Note: beginning August 29, 2025, all custody decisions will be governed by the newly amended § 5328 factors.)
Depending on the situation, a judge may:
- Order make-up parenting time.
- Approve a motion to modify the custody arrangement (if violations or changed circumstances warrant a change).
- Hold the non-compliant parent in contempt of court (possible sanctions include fines, attorney’s fees, probation, or, in rare cases, jail).
- In limited cases, the court may, if authorized by court order or requested in the enforcement petition, direct law enforcement to assist with custody exchanges or child recovery.
The court’s focus is always the best interests of the child. Judges weigh whether repeated violations threaten stability or harm the child’s well-being.
Procedure & Burden of Proof in Contempt Proceedings
In Pennsylvania, a petition for civil contempt under Rule 1915.12 must set forth facts showing that the non-complying parent willfully disobeyed a custody order and should include a copy of that order. Courts typically apply a preponderance of evidence standard in such hearings. If a judge finds contempt, the order generally must specify what conditions the parent must satisfy to purge that contempt.
Understanding how contempt works is important, but what matters most is what you should actually do when violations occur. Taking the right steps early can strengthen your position in court and protect your child’s stability.
What to Do if Your Ex Breaks a Custody Order in Pennsylvania
If you believe your ex has violated your custody order, taking the right steps early can make a major difference in how the court views your case. Here’s how to protect your rights and build a strong record for enforcement:
- Document every violation. Keep a detailed log of dates, times, missed exchanges, late arrivals, or blocked communications. Save texts, emails, voicemails, or any proof that shows what happened.
- Review your custody order. Make sure the order’s terms are clear and specific. Vague language about exchange times or communication can lead to misunderstandings, which courts may hesitate to punish as contempt.
- Stay calm and avoid conflict. Don’t take matters into your own hands or retaliate. Judges expect parents to resolve disputes through the legal process, not personal confrontation.
- Communicate carefully. If it’s safe to do so, send a respectful written message requesting compliance. This shows the court you acted reasonably before filing.
- Anticipate defenses. The other parent may claim emergencies, child refusal, or vague wording in the order. Having strong documentation helps counter these arguments.
- Get legal help quickly. An attorney can file a petition for enforcement or contempt that addresses potential defenses up front and strengthens your case.
Taking these steps not only demonstrates your good faith but also gives the court a clear, organized picture of the violations. This can make enforcement and protecting your child’s stability much easier.
Even if you follow these steps carefully, be prepared: the other parent may try to explain or excuse their behavior in court. Knowing the most common defenses and how judges evaluate them can help you anticipate what lies ahead.
Arguments the Other Parent May Raise and How Courts Address Them
When you file a petition to enforce a custody order, the other parent may respond with arguments or objections. Recognizing likely arguments and understanding how Pennsylvania courts tend to evaluate them can help you build a stronger case.
Common Arguments in Custody Violation Cases
Here are arguments you might see:
- Inability to comply (capacity claim): The parent may assert that circumstances beyond their control, such as illness, job loss, or an emergency, made full compliance impossible.
- Ambiguity or vagueness in the order: They may argue that the custody order’s wording is unclear or allows different interpretations, making strict compliance unreasonable.
- Child refusal or objection: They might claim the child refused visitation or communication, complicating enforcement.
- Changed circumstances or welfare concerns: They may contend that intervening changes since the order’s entry make enforcement harmful to the child’s best interest.
- Procedural objections: They may challenge whether the enforcement petition was properly served, whether notice was adequate, or whether procedural steps were followed.
- Emergency or necessity defense: They might argue that a sudden, unforeseeable event, such as an accident or health crisis, made compliance impracticable or unsafe.
How Pennsylvania Courts Address These Arguments
- Courts typically require willful noncompliance before imposing contempt sanctions. If a violation appears accidental or unintentional, a judge may decline to find contempt.
- After the petitioner shows a clear violation, the burden may shift to the resisting parent to show that compliance was impossible despite reasonable efforts.
- The clarity and specificity of the custody order matter. If an order is vague or ambiguous, courts may hesitate to hold someone in contempt, since individuals cannot be punished for failing to obey unclear directives.
- Claims of changed circumstances or welfare concerns are closely examined. The court weighs whether enforcing the existing order now would cause more harm than benefit to the child.
- Procedural objections may delay or block relief. If the enforcement petition or notice was flawed or improperly served, the court might dismiss or require proper refiling.
- Even when arguments or objections are sustained, the court’s ultimate decision is anchored in the best interests of the child. The judge considers whether enforcement, modification, or alternative remedies better protect the child’s stability and welfare.
How Louis Wm. Martini Jr. P.C. Can Help
If you’re facing custody violations, you don’t have to handle it alone. From our office in Media, we proudly represent families throughout Southeast Pennsylvania. We assist with:
- Filing enforcement petitions to compel compliance with custody orders.
- Advocating in contempt hearings when a parent willfully fails to comply.
- Seeking modifications when violations or changed circumstances warrant revisiting the custody arrangement.
- Handling related family law issues such as child support, adoption, divorce, property division, and spousal support.
With decades of family law experience and strong relationships in the local courts, we provide both clear explanations and determined representation when custody disputes extend beyond the signed order.
Ready to Protect Your Rights and Your Children’s Stability
Custody violations cannot be ignored. At Louis Wm. Martini Jr. P.C., our Media office represents families in Delaware, Chester, and Montgomery Counties and throughout Southeast Pennsylvania. We are experienced in custody enforcement, contempt proceedings, and order modifications, and we handle related family law matters that include child support, adoption, divorce, property division, and spousal support.
Contact us for a confidential consultation. We will review your case, explain your legal options, and help you protect your parental rights and your child’s future.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.