My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?

I will assume that your ex-husband (the children’s father) arriving to pick up the children earlier than his court ordered scheduled time is a hardship on, or at least an inconvenience for, you and/or for the children. Otherwise, if the father is the noncustodial parent (meaning that he spends less time with the children than you do on a weekly or monthly or even annual basis), he’s probably eager to spend as much time as possible with his children whom he loves.

But if arriving 30 to 45 minutes earlier than the court orders permit him to arrive to pick up the children is clearly causing you and or the children to suffer hardship or chronic inconvenience, you could move to have him held in contempt of court and sanctioned or contempt. Contempt of court consists of willfully violating court orders. Contempt sanctions can include fines, being jailed for a short period of time, in some cases being required to complete therapy or counseling, parenting courses, and performing community service for a certain number of hours. If you succeed on a motion to hold your ex-husband in contempt, the court may also award you your attorney’s fees incurred to bring the motion to the court (but remember, you cannot win an attorneys fee award unless you have actually incurred attorney’s fees).

Utah Family Law, LC | | 801-466-9277

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