No. Generally speaking, Maryland police officers will not enforce custody court orders in the absence of behavior that rises to the level of criminal behavior — like domestic violence, child abduction, abuse, endangerment, etc. But, to be clear, even if the police make an arrest for abuse or kidnapping, the police are not enforcing a Maryland divorce court’s custody order. Rather, law enforcement personnel are enforcing the criminal laws of Maryland. Part of the reason is that Maryland divorce courts have their own mechanism for enforcing child custody orders. If you have questions about how to enforce a Maryland child custody order, call the St. Mary’s County, MD., Child Custody Lawyers at the Law Office of Robert Castro at (301) 870-1200. We are Divorce and Child Custody Attorneys with offices in Waldorf, Maryland.

What to do if a Maryland child custody order is violated

To begin, if there is a criminal violation and immediate action is required to ensure the safety and well-being of the child or children, then, of course, the police must be called. Only law enforcement can provide that sort of emergency intervention.

However, absent that sort of emergency, then the process of enforcing a Maryland child custody order is to initiate action with the divorce court. This involves filing papers with the divorce court, usually called a “petition” or “motion,” asking the court for some action, modification of the custody order, or punishment for the offending parent. Maryland divorce courts have the inherent power to enforce their own orders, including child custody orders. Orders issued by courts are legally binding on those to whom the order covers. So, violating a court order is equivalent to violating a law.

The petition/motion will explain what has happened and how the other parent has violated the court’s order and will ask for an appropriate remedy. This remedy might be a modification of the court’s custody order, a fine of some sort, the holding of the other parent in contempt, or some other remedy relevant to the situation.

What happens next?

After the initial filing of a Petition or Motion, the other parent will receive a copy of the petition/motion and will have the opportunity to respond in writing. The other parent might entirely disagree with the petition or agree with the facts but argue against the remedy proposed, etc. The court will eventually hold one or more hearings on the factual questions and with respect to what remedy to impose. The court will be evaluating two main legal issues: violation of the court’s order and what is in the “best interests” of the child or children involved. Child custody matters can get quite complicated. So, it is important to have experienced child custody lawyers to help with this process.

As noted, the court has various possible remedies that can be imposed. The most severe is the holding of one parent in contempt of court. Under some circumstances, a contempt citation could lead to the issuance of an arrest warrant.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.