What to Do If a Parent Refuses to Follow a Custody Order in Wisconsin
Protecting parental rights with our Legal Team in Delavan, WI—Get legal guidance for custody enforcement.
Understanding Custody Orders and Parental Violations
When a court issues a custody order, both parents are legally required to follow it. However, in some cases, one parent may refuse to comply—whether by denying court-ordered visitation, refusing to return the child on time, or otherwise failing to uphold their custody agreement.
If you’re facing this situation, Wisconsin law provides enforcement options to protect your parental rights and ensure that court-ordered custody arrangements are upheld.
Legal Steps to Enforce a Custody Order in Wisconsin
1. Document the Violations
Before taking legal action, it’s important to keep a record of all custody violations. This may include:
Missed visitations or late drop-offs/pick-ups
Text messages, emails, or voicemails confirming refusal to comply
Witness statements (such as from family members or neutral third parties)
Any police reports filed due to interference with custody
Courts require evidence when enforcing orders, so keeping a detailed record strengthens your case.
2. Attempt to Resolve the Issue Privately
If the other parent is refusing to follow the custody order, consider addressing the issue directly—especially if the violations are recent or minor.
Communicate in writing (text or email) to discuss concerns.
Suggest mediation to find a resolution before escalating the matter.
Remain calm and professional to avoid unnecessary conflict.
If the other parent continues to disregard the custody agreement, legal intervention may be necessary.
3. File a Motion to Enforce the Custody Order
Your child’s well-being comes first. Call Gerard Law Firm’s Delavan, WI office for representation today.
When private resolution fails, you can file a Motion for Contempt or Enforcement with the Wisconsin family court. This motion notifies the court that the other parent is violating the order and requests legal action.
If the court finds the other parent in contempt, they may impose penalties such as:
Fines or other financial penalties
Makeup parenting time to compensate for missed visits
Mandatory counseling or co-parenting classes
Jail time for severe or repeated violations
The court may also modify the custody arrangement if ongoing violations demonstrate that the parent is unwilling or unable to follow the order.
4. Contact Law Enforcement (If Necessary)
If a custody order is being severely violated, such as a parent refusing to return a child, you may need to involve law enforcement.
Wisconsin law considers custodial interference a serious offense.
Police may intervene to enforce a custody exchange if a court order is presented.
In extreme cases, a parent refusing to return a child could face criminal charges.
However, law enforcement will generally defer to the courts, so legal action through family court is the primary enforcement method.
What Happens If the Custody Order Needs to Be Modified?
If ongoing violations make the current custody arrangement unworkable, you may be able to request a modification of the custody order. The court may consider changes if:
One parent is consistently violating the order.
The child's well-being is being negatively affected.
A significant change in circumstances has occurred.
A family law attorney can help you determine whether modification is the best option.
Need Legal Help Enforcing a Custody Order?
If the other parent is refusing to follow a court-ordered custody arrangement, you don’t have to navigate the legal process alone.
At Gerard Law Firm, we fight to protect parental rights and ensure that custody agreements are enforced.
Let us help you take action to uphold your custody order and protect your relationship with your child.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not establish an attorney-client relationship between you and Gerard Law Firm. Legal matters are highly fact-specific, and the best course of action will depend on the details of your situation. If you need legal guidance, we encourage you to contact Gerard Law Firm to discuss your case. Representation requires a formal agreement. For more information, please visit our Legal Disclaimers page.
