Once I have a custody order what can I do to enforce it?
If you have a child custody order, and your child’s other parent refuses to follow it, you can file a “petition for the enforcement of a child-custody determination” with the court. You will file this type of petition (or paperwork), for example, when the other parent refuses to allow you the parenting time that a court has already given you.
In addition to filing this petition, you must also have a copy served on your child’s other parent. For more information on serving the petition, we recommend contacting a lawyer. Please see our Finding a Lawyer page for legal help in Kansas.
Once the petition is filed, a judge will order that the other parent show up at a hearing. This hearing will normally take place on the next business day after the other parent is served but if you ask for a later hearing date, the judge may give you one.1
At the hearing, if the judge finds the other parent has violated the custody order by not returning the child to you, s/he can punish the other parent for the violation. It is possible that the judge could order that the child be placed in your immediate custody or, if the other parent says that you abused your child and that is the reason for not returning the child, the judge might order the child into protective custody if s/he believes the allegations of abuse.
1 K.S.A. 38-1365(c)