Edited by Sonya DuBree and Carollyn Sierra | Published on July 24, 2026
Child custody orders are legally binding. When one parent does not follow the terms of a custody order, it can create stress, confusion, and disruption for everyone involved, especially the child.
In North Carolina, courts take these violations seriously, and there are legal remedies available to enforce compliance.
What Is Considered a Custody Order Violation?
A violation occurs when a parent fails to follow the terms outlined in a court order. These violations can range from isolated issues to repeated or intentional misconduct.
Common examples include:
- Failure to return the child on time
Example: A parent keeps the child overnight when the order requires return by a specific time.
- Refusing visitation
Example: A parent denies the other parent their scheduled weekend or holiday time.
- Interfering with communication
Example: Blocking calls or refusing to allow the child to speak with the other parent when required.
- Making unilateral decisions
Example: Enrolling the child in a new school without the other parent’s consent when joint decision-making is required.
- Repeated lateness or schedule disruptions
Example: Consistently arriving late for exchanges, disrupting routines and stability.
Even if one incident seems minor, a pattern of behavior may lead to legal consequences.
How Are Custody Orders Enforced in North Carolina?
Under North Carolina law, custody orders are enforceable through contempt proceedings (G.S. § 50-13.3).
If a parent violates a custody order, the other parent may file a motion for contempt asking the court to enforce the order. The court will evaluate whether the violation was willful and whether the violating parent had the ability to comply.
Civil vs. Criminal Contempt
North Carolina recognizes two types of contempt:
- Civil Contempt
Civil contempt is used to encourage compliance with a court order. A parent may be required to follow the custody terms moving forward or correct the violation (G.S. § 5A-21).
In some cases, the court may impose conditions that must be met to avoid further penalties.
- Criminal Contempt
Criminal contempt is used to penalize past violations and may result in fines or jail time (G.S. § 5A-11). The type of contempt depends on the nature and severity of the violation.
Possible Consequences of Violating a Custody Order
If a court determines that a violation occurred, consequences may include:
- Makeup parenting time;
- Payment of attorney’s fees;
- Fines or other penalties;
- In some cases, the court may consider modifying the custody arrangement; and
- In more serious cases, jail time.
The court’s primary focus is always the best interest of the child (G.S. § 50-13.2). Read more on our child custody blog to learn more about your rights and what to expect.
Why Documentation Is Critical
If you believe a custody order has been violated, keeping detailed records is essential. This may include:
- Dates and times of missed exchanges;
- Text messages, emails, or call logs; and
- Notes describing what occurred
For example, documenting repeated missed visitations over time can help demonstrate a pattern of noncompliance.
Final Thoughts
Custody orders are designed to provide structure, stability, and consistency for children. When those orders are not followed, it can create unnecessary conflict and legal complications.
Addressing violations early and understanding your legal options can help protect your rights and your child’s well-being.
Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. For specific advice about your child custody situation, contact one of our experienced Tharrington Smith family law attorneys.
©Tharrington Smith, LLP
