How Do I Enforce a Custody Order?

A parenting plan is a court order, and when the other parent ignores it, withholding the children, returning them late, or refusing to follow the residential schedule, you are not powerless. Washington law gives you a real enforcement tool: a motion for contempt. For Snohomish County parents dealing with a co-parent who will not follow the plan, knowing how enforcement works, and what the court can actually do, is the first step to fixing the problem.

A Parenting Plan Is Enforceable

Once a court enters a parenting plan, both parents are legally bound by it. The residential schedule is not a suggestion or a starting point for negotiation each weekend. When one parent intentionally refuses to follow it, Washington treats that as a serious matter. The governing statute, RCW 26.09.160, makes clear that a parent's bad-faith refusal to perform the duties of a parenting plan, or interference with the other parent's performance of those duties, is contempt of court.

That framing matters. Enforcement is not about asking the other parent nicely; it is about invoking the court's power to compel compliance with its own order. The statute even provides that bringing a successful contempt motion entitles the wronged parent to reasonable attorney's fees and costs.

How the Process Works

Enforcement starts with a motion. Under RCW 26.09.160, a parent may file a motion to initiate a contempt action to coerce the other parent into complying with the residential provisions of the order. If the court finds there is reasonable cause to believe the parent has not complied, it may issue an order to show cause, requiring that parent to appear and explain why they should not be held in contempt.

At the hearing, the standard is bad faith. Under RCW 26.09.160, the court will find the parent in contempt if it finds, based on all the facts and circumstances, that the parent acted in bad faith in failing to comply with the order. The statute also puts a thumb on the scale toward enforcement in one respect: the noncomplying parent is presumed to have the present ability to comply, and must establish a reasonable excuse for the noncompliance by a preponderance of the evidence. In other words, the parent who broke the schedule has to justify it, rather than the other parent having to disprove every possible excuse.

What the Court Can Order

If the court finds contempt, the remedies are concrete and aimed at making the situation right. Under RCW 26.09.160, on a first finding of contempt the court shall order the noncomplying parent to provide the other parent additional time with the child, equal to the time that was missed because of the noncompliance. The court shall also order that parent to pay the other parent's court costs and reasonable attorney's fees, along with any reasonable expenses incurred in locating or returning a child. And the court shall impose a civil penalty of not less than one hundred dollars.

The statute carries a further consequence for a parent who simply refuses to obey. Under RCW 26.09.160, the court may order the noncomplying parent jailed if that parent is presently able to comply with the parenting plan and is unwilling to do so, until they agree to comply, though not for more than one hundred eighty days. The make-up time provision is often the most meaningful remedy for the wronged parent, because it directly restores the time with the child that was lost.

When It Happens Again

Washington takes repeat violations more seriously. Under RCW 26.09.160, on a second failure within three years to comply with the residential provisions of a parenting plan, the remedies increase. The court shall order make-up time equal to twice the amount of time the parent missed with the child, along with court costs and reasonable attorney's fees and expenses, and a civil penalty of not less than two hundred fifty dollars, again with the possibility of jail for a parent who is able but unwilling to comply. The escalating consequences are designed to get the attention of a parent who treats the parenting plan as optional.

A Caution About Bringing Weak Motions

Enforcement is powerful, but it is not a tool to be used lightly or as a weapon in an ongoing feud. The same statute that protects a wronged parent also discourages meritless filings. Under RCW 26.09.160, if the court finds that a contempt motion was brought without a reasonable basis, it shall order the moving party to pay the other parent's costs and reasonable attorney's fees, plus a civil penalty. So a parent considering a contempt motion should be confident the violation is real and provable, and should be prepared to document it, rather than filing in frustration over a minor or one-time issue.

What Contempt Does Not Do

It is worth clarifying what an enforcement motion is and is not. Contempt under RCW 26.09.160 is about compelling compliance with the existing parenting plan and compensating the wronged parent. It is not the same as changing the parenting plan. If your real goal is to alter the residential schedule because circumstances have changed, that is a modification, which is governed by a different statute and a different, more demanding standard. Enforcement holds a parent to the current order; modification changes the order. Confusing the two can send you down the wrong path.

Document, Then Act

Practically, the most useful thing you can do when a co-parent violates the parenting plan is to document it carefully: keep a record of the dates and times of missed or shortened exchanges, save messages, and note any expenses you incurred. Good documentation is what turns a frustrating pattern into a provable case of bad-faith noncompliance.

If the other parent in your Snohomish County case is not following the parenting plan, you do not have to simply put up with it. The Law Office of Chad Foster can help you evaluate whether a contempt motion is the right move, build the record, and pursue the remedies RCW 26.09.160 provides. Reach out to talk through your situation.