Common Child Custody Violations in Washington State
Custody disputes can quickly become stressful, especially when one parent fails to follow the court’s orders. Missed exchanges, denied visitations or unauthorized changes to a child’s schedule often lead to confusion and conflict.
At Jackman Law Firm, we’ve helped Washington families deal with these situations since 2014, offering clear guidance during emotionally charged moments. In this article, we highlight the most common custody violations in Washington State, explain their legal consequences, and offer steps you can take to protect your children and stay in compliance with your custody order.
Child Custody Orders in Washington
A custody order, often called a parenting plan, is a court document that spells out each parent’s rights and duties. It carries the same force as any other judgment, which means ignoring it can land a parent back in court fast.
Washington law splits custody into two main parts. Legal custody deals with choices about school, health care, and other big-picture matters. Physical custody covers where the child lives on a daily basis.
When judges review a proposed plan, they weigh many details, including:
- The child’s age, physical health, and emotional needs
- Each parent’s living setup and daily routine
- The strength of the child’s bond with each parent
- Any record of domestic violence, substance use, or neglect
Plans can grant primary residential time to one parent, split time evenly, or, in rare cases, place the child solely with one parent. No matter which model the court chooses, every clause in the order must be followed. Sticking to the plan keeps life stable for the child and keeps you clear of legal headaches.
The next section looks at what happens when a parent slips up or pushes the limits of that plan.
Common Child Custody Violations
Custody orders often spell out pick-up windows down to the minute, call times, school choices, and even who attends doctor visits. Courts expect parents to treat each line like a contract. Here are the problems they see most often.
Interference with Visitation Schedules
Parents sometimes run late, yet a pattern of late drop-offs, surprise cancellations, or keeping the child an extra night can spark court action. Judges view those habits as direct hits on the child’s schedule, not just an inconvenience for the other parent.
Failure to Communicate or Co-Parent Effectively
Refusing to share report cards, health updates, or extracurricular plans breaks the order if the plan calls for open exchange. Courts see poor communication as a sign that one parent may be sidelining the other, which can hurt the child’s relationship with both parents.
Relocation Without Proper Notification
A parent cannot move a child far enough to disrupt school, friendships, and visits without giving written notice and, in many cases, securing court approval. Judges may find a parent in contempt even if the move was for a new job or lower rent.
Inappropriate Introduction of a New Romantic Partner
Courts rarely ban dating, yet they do look closely at how and when a new partner enters the child’s life. If the court believes the rush caused stress for the child, the order may be modified to slow things down or shift primary time.
Failure to Pay Child Support
Support and visitation are legally separate. Skipping payments can lead to wage garnishment, driver’s license suspensions, and other penalties, but it never justifies blocking visits—or vice versa.
Withholding the Child
Denying scheduled time or refusing to return the child after vacation is one of the fastest routes to contempt findings, police calls, and possible criminal charges of custodial interference.
Interfering with Communication
Blocking phone calls, turning off FaceTime, or reading private messages violates most parenting plans that grant the child free contact with the other parent.
Making Disparaging Remarks
Judges frown on parents who speak badly about each other in front of a child. Those comments can damage the parent-child bond and may trigger a review of residential time.
Repeated missteps in any of these areas can snowball. The next part shows the real-world penalties that Washington courts can impose when a parent keeps ignoring the rules.
Penalties for Violating a Child Custody Order
Washington’s contempt statute, RCW 26.09.160, gives judges wide power to correct bad behavior. Punishment often grows harsher with each violation, as shown below.
Possible Court Responses
Action by Court | How It Works | Typical Impact on Parent |
Civil Fine | At least $100 per proven violation | A direct hit to the wallet, and serves as a warning |
Attorney Fees | The judge orders the violator to pay the other parent’s legal costs | Financial pressure to comply next time |
Make-Up Parenting Time | Extra visits for the parent who lost time | Restores balance for the child |
Short Jail Stay | Usually a day or two after repeat contempt findings | Strong incentive to follow orders going forward |
Change in Custody | Primary residence moved to another parent | Long-term shift, hard to reverse |
Criminal Charges | Custodial interference if the child is hidden or taken out of state | Potential felony record and prison time |
These penalties are designed to bring the parent back into line and protect the child’s routine.
What To Do If a Parenting Plan Is Violated
If the other parent starts bending the rules, quick, organized action helps your case.
Steps to take:
- Document Everything. Keep a calendar, save texts, and note each missed exchange. Small details can sway a judge.
- File for Contempt. A motion asks the court to decide whether the other parent disobeyed the order and what remedy fits.
- Call Law Enforcement if Needed. When a parent refuses to return a child or leaves the state, police may step in. For everyday lateness, they usually defer to the court.
- Request a Modification. If violations keep piling up, a new plan might serve the child better. Be ready to show why the old plan no longer works.
Staying organized and calm shows the court that you are focused on the child, not revenge.
How To Avoid a Child Custody or Visitation Dispute
Preventing future fights often saves money and stress. Parents who work at cooperation early tend to avoid courtroom returns.
- Create a Clear Plan. Spell out exchange times, holidays, and decision-making. Clarity limits room for misunderstanding.
- Stay Flexible When Life Happens. Swapping an evening because of a school play builds goodwill.
- Communicate in Writing. Texts or emails leave a record and reduce mixed messages. Keep wording child-focused and polite.
- Give Plenty of Notice for Travel. Early heads-up lowers tension and lets both parents plan.
- Follow the Plan Until It Is Changed. Acting unilaterally gives the court reason to doubt your respect for orders.
- Use Mediation. A neutral professional can guide tough talks without the price tag of full litigation.
Good habits today make future disagreements far less likely.
Seeking Assistance with a Child Custody Matter? Contact Us Today
At Jackman Law Firm, we fight for shared parenting and fair treatment every single day, drawing on a decade of courtroom and settlement experience. Whether you need help defending against a contempt claim or want to fix a broken plan, we stand ready to listen and advise. Call us at 206-558-5555 or visit our Contact Us page to set up a confidential consultation. Your child’s routine and your peace of mind matter to us, and we are ready to take action the moment you reach out.
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Article by
Chris Jackman