What To Do If Your Ex Is Not Complying With The Custody Agreement In Illinois
As a child custody lawyer based in Schaumburg, I’ve worked with many parents who are frustrated when the other parent refuses to follow the terms of a custody agreement. Whether it’s missed parenting time, unapproved schedule changes, or complete disregard for the court-ordered arrangement, this kind of behavior can be both emotionally exhausting and legally serious. A custody agreement is not a suggestion—it’s a legally binding order. When your ex violates it, there are steps you can take to protect your rights and your child’s well-being. If you’re in this situation, I want you to know that you’re not powerless.
Understanding Custody Agreements In Illinois
In Illinois, child custody is referred to as the allocation of parental responsibilities, and parenting time refers to the actual time a parent spends with the child. These arrangements are outlined in a parenting plan, which is filed with and approved by the court. Once a judge enters the parenting plan as part of a court order, both parents are legally required to follow it.
Under 750 ILCS 5/602.10, parents must act in the best interest of the child and adhere to the responsibilities assigned in the order. Violating this agreement may lead to legal consequences, especially if the noncompliance is repeated or intentional.
What Noncompliance Might Look Like
Custody order violations can vary widely. Some examples include refusing to return the child after scheduled parenting time, denying access to the child, frequently showing up late for exchanges, or making unilateral changes to the schedule without approval. Sometimes, the violations are subtle, such as withholding communication, interfering with your relationship with the child, or alienating the child against you.
These actions, whether obvious or indirect, can be considered interference and may be addressed through legal enforcement.
Document Everything Immediately
The first thing I always advise clients is to keep detailed records. If your ex is breaking the agreement, document each instance carefully. Keep text messages, emails, missed call logs, notes from school, and any other relevant communication. Courts rely on evidence, and your records can help show a pattern of behavior.
Even if the other parent’s actions seem minor in isolation, consistent violations over time can become a strong foundation for seeking legal remedies.
Attempt Communication When Appropriate
Before pursuing court action, try to resolve the issue through communication if it feels safe and appropriate. Politely remind your ex of the agreement and request that they comply moving forward. Keep these communications in writing.
If they refuse or continue violating the order, that’s when legal enforcement becomes necessary.
Filing A Petition For Rule To Show Cause
If your ex continues to disregard the custody agreement, you can file a petition for rule to show cause. This is a formal request asking the court to require the other parent to appear and explain why they violated the order. If the court finds they willfully disobeyed the custody agreement, the judge can impose penalties.
Under 750 ILCS 5/607.5, penalties may include changes to the parenting schedule, make-up parenting time, fines, and even attorney’s fees. In more serious or repeated cases, the court may consider changes to parental responsibilities.
When Parental Alienation Is A Concern
Sometimes, a parent’s noncompliance is part of a larger pattern of alienation—where one parent tries to damage the child’s relationship with the other parent. Illinois courts do not tolerate this. Judges are required to make decisions based on the best interests of the child under 750 ILCS 5/602.7. If alienation is proven, it can have a significant impact on future parenting time or custody arrangements.
In these cases, I work with clients to gather clear evidence and present a compelling case that highlights how the behavior is harming the child and undermining the court’s authority.
Frequently Asked Questions About Custody Agreement Violations In Illinois
What Can I Do If My Ex Refuses To Follow The Custody Schedule?
If your ex refuses to follow the parenting plan, you can file a petition for rule to show cause. This asks the court to hold them accountable and enforce the custody order. You should also document all violations.
Can I Withhold Parenting Time In Response To Their Noncompliance?
No. You should not violate the court order yourself, even if your ex is doing so. Courts expect both parents to follow the order, and taking matters into your own hands could harm your case.
What Kind Of Evidence Should I Collect?
You should keep copies of all communication, document missed visits, keep a calendar of events, and collect any relevant third-party statements (such as from teachers or childcare providers). This helps demonstrate a pattern of noncompliance.
Can My Ex Be Penalized For Violating The Custody Agreement?
Yes. Under Illinois law, a parent who violates a custody order can face fines, mandatory make-up time, modifications to the parenting plan, and, in extreme cases, jail time for contempt of court.
Will The Court Modify Custody If My Ex Keeps Violating The Order?
Possibly. If violations are ongoing and affecting your child’s well-being, the court may consider modifying the parenting plan to limit or supervise the noncompliant parent’s time.
Is Parental Alienation Recognized In Illinois?
Yes. Courts in Illinois take alienation seriously. If one parent is trying to interfere with your relationship with the child, the judge may take corrective action to protect the child’s emotional health and your parental rights.
Can I Record Conversations To Use As Evidence?
Illinois is a two-party consent state, meaning both parties must agree to be recorded. Do not record conversations without consent, as illegally obtained recordings may not be admissible and could create legal problems for you.
What If My Ex Is Encouraging My Child To Refuse Visits?
This can be considered interference or alienation, depending on the context. If the child’s refusal is due to pressure from the other parent, the court can take that into account when determining next steps.
Contact The Law Office Of Fedor For Help With Custody Enforcement
If your ex is not following the custody agreement, you don’t have to deal with it alone. At the Law Office of Fedor, I help parents in Schaumburg and throughout Chicago enforce their parenting rights and protect their children from unnecessary conflict.
To speak with a Chicago child custody attorney, call the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. We serve clients across Schaumburg and the greater Chicago area. Let’s work together to protect your rights and your child’s future.
