Court-ordered parenting schedules are intended to provide children with consistency and help parents understand their respective rights and responsibilities. In Texas, these arrangements are commonly referred to as possession and access orders. They may establish regular parenting schedules, holidays, summer periods, transportation responsibilities, and other requirements concerning a child’s time with each parent.
Unfortunately, disputes sometimes arise when one parent refuses to comply with an existing order. A parent may withhold a child, repeatedly interfere with scheduled exchanges, or impose conditions that are not contained in the court’s judgment. When this happens, Texas law provides procedures for seeking enforcement.
Are Texas Possession Orders Legally Enforceable?
Texas Family Code Chapter 157 governs enforcement of many orders affecting the parent-child relationship. A parent who believes the other parent has violated a possession or access order may seek relief through the court, subject to applicable procedural requirements.
An enforceable order should clearly establish what the parties are required to do. For example, the order may identify specific dates, exchange times, and locations. When an order is ambiguous, enforcement through contempt can become more difficult because a person must have adequate notice of the conduct required.
Texas uses the terms conservatorship, possession, and access rather than relying exclusively on the word custody. Our article on parenting time and conservatorship in Austin, Round Rock, Cedar Park, and Georgetown explains these distinctions.
What Should a Parent Do When Possession Is Denied?
Documentation is often important when a parent believes the other parent is violating an order. Records of missed exchanges, written communications, dates, times, and efforts to comply may help establish what happened. A parent should generally avoid retaliatory conduct or escalating disagreements in front of the child.
Electronic communications may provide useful evidence concerning whether a parent refused to cooperate or imposed unauthorized conditions. Our article about whether a spouse can obtain text messages during a Texas divorce discusses how electronic evidence may be obtained through the legal process.
It is also important to distinguish possession disputes from child support obligations. A parent generally should not assume that unpaid support authorizes withholding court-ordered possession, or that denied possession authorizes stopping support payments. The appropriate response is ordinarily to pursue the remedies provided by law.
How Does a Motion for Enforcement Work?
A parent seeking enforcement may file a motion under Chapter 157 of the Texas Family Code. The motion must comply with statutory requirements and identify the provisions allegedly violated. When contempt is requested, the pleading and notice requirements are particularly important because contempt proceedings can involve significant consequences.
The court considers the order, the alleged violations, and any applicable defenses. Depending on the circumstances, the court may grant relief such as makeup possession, reimbursement of certain expenses, attorney fees, or other authorized remedies. Contempt may be available when the statutory and constitutional requirements are satisfied.
Not every missed exchange warrants the same response. Emergency circumstances, unclear orders, or other legitimate disputes may require the court to evaluate additional facts before determining whether enforcement is appropriate.
Can Repeated Interference Lead to a Modification?
Repeated violations may become relevant when a parent seeks to modify an existing conservatorship or possession arrangement. However, enforcement and modification are separate proceedings with different legal requirements.
Texas Family Code Section 156.101 generally requires satisfaction of the applicable statutory grounds and a showing that the requested modification is in the child’s best interest. A parent seeking modification must establish more than frustration with the existing arrangement.
Our article on modifying child custody orders in Texas discusses the standards governing changes to existing parenting orders.
What if the Child Refuses to Visit the Other Parent?
Cases can become especially complicated when a child resists scheduled possession. A court may consider the child’s age, maturity, the reasons for the refusal, parental conduct, and any legitimate safety concerns. However, a child’s preference does not automatically eliminate a parent’s obligations under an existing order.
Parents should avoid assuming that a child’s refusal provides a complete defense to an enforcement proceeding. The appropriate response depends on the terms of the order, the circumstances surrounding the refusal, and the applicable law.
Can a Parent Recover Attorney Fees?
Chapter 157 provides for attorney fees and costs in qualifying enforcement proceedings, subject to statutory requirements and exceptions. The court may also order other relief authorized by law, depending on the nature of the violation.
Because enforcement proceedings can be costly, parents should carefully document the alleged violations and determine whether the existing order is sufficiently clear. In some cases, clarification or modification may be more appropriate than seeking contempt.
Conclusion
Texas possession and access orders are enforceable court orders, not merely informal parenting agreements. Parents who repeatedly interfere with court-ordered possession may face enforcement proceedings and other legal consequences.
When disputes arise, careful documentation, compliance with existing orders, and an understanding of available legal remedies can help parents protect their rights while keeping the child’s best interests at the center of the case.