Court orders: Get them enforced!

A party to a legal proceeding, including an Illinois family law dispute, can be found to be in contempt of court when he or she disobeys a court order.Illinois family law judge, Chicago divorce court judge

If you are involved in an Illinois family law case and the other party is not obeying a court order, then you should take action to see that the court order is enforced. For instance, the other party may refuse to follow an order from visitation, may not be paying child support according to a court order, or may otherwise be in violation of an Illinois family law court order.

The good news about seeking to have another party held in contempt of court is that, if the court finds the other party to be in contempt of court, the other party often has to pay your attorney fees. In other words, you can hire an attorney to get your court order enforced, and often the other person has to pay for it!

If you are having problems getting the other parent to follow court orders, contact me – Chicago divorce lawyer David Wolkowitz. I may be able to help. Also, check out my post titled “The Crime of Visitation Interference in Illinois.”

About the author: Contact Illinois family law attorney David Wolkowitz at 312-554-5433 or online. He is a family law and divorce attorney serving Chicago and the Counties of Cook, Champaign, DuPage, Kane, Kendall, Lake, McHenry, and Will. Areas of practice include divorce, uncontested divorce, child custody, visitation, spousal maintenance, child support, and the Uniform Child Custody Jurisdiction & Enforcement Act (the “UCCJEA”).

Comments on this entry are closed.

  • Ray Sep 29, 2012 @ 10:00

    I am the non custodial parent and this is the 3rd time I am filing an unlawful interference. She claimed my children were unsafe coming with me and refused to hand them over at our meeting location, the police station. She already reduced my 2 weekends a month to 8 hours on Saturday and 6 hours on Sunday. What else can I do? I feel like nothing is being taken serious on my end in court. How else can I enforce this, or what else can I file?

    • You can file what is called a Petition for Rule asking that the mom be held in contempt of court for disobeying the court order. Or, you could file a Petition for a Finding of Visitation Interference. Either way, it is possible that not only would you be able to rectify the visitation problem, but you could also possible convince the court to order that the mom pay your attorney fees.

  • Adrienne Jan 5, 2013 @ 10:13

    My ex and i were getting along great the last few years so we hadn’t been going by the court ordered visitation schedule. My ex being the one who has custody of our 6yr old, lets me have our son whenever i want for as long as i want until recently. He moved in with a girlfriend of his and since that he’s been refusing to let me have my son on my court ordered days so i’ve been filing reports every weekend. The only time i have gotten to see my son in the last 3 weeks was when my ex brought my son to me on a day that wasn’t mine and then called the cops on me the next afternoon without a warning. i have text messages from my ex saying that he’s “withholding” my son from me and that i will not see my son until i “act right”. cops have done nothing since i don’t have my ex’s new address and i have no way of getting his information. all i have is a phone number for him and his old address. i have no idea what to do. i miss my son. 🙁

    • A private investigator can likely find your ex without much problem. You will need the court to intervene to have your ex held accountable, and to see your son like you should be. You ex could potentially be held in contempt for violating court orders.

      However, I cannot solve all those problems in this comment reply.

      Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.

  • Kerry Hansen Sep 16, 2013 @ 10:12

    I am dealing with a joint Custody case and my EX is sticking his nose in where it does not belong. Saying my BF is telling the Father of my three yr old that he wishes he was dead and my BF never did that. What can I do?

  • Cheryl Robinson Nov 15, 2013 @ 17:13

    Is a court ordered agreement the same as a court order? Have a court order agreement to continue mortgage payments until agreement is reached in a divorce (which neither party contests) and I informed my attorney I could not afford to pay and live. Can I be held in contempt if I miss a payment?

    • admin Nov 24, 2013 @ 7:50

      You should consult your lawyer.

    • If by court ordered agreement, you mean agreed order, then the answer is yes, one can be held in contempt for violating an agreed order.

  • Jacob Dec 11, 2013 @ 16:27

    My children are currently on medicaid and I recently took my ex to court to have them voluntarily added to my private insurance. The judge filed an order for her to provide me with an information I need to add them to the insurance. She has refused to provide the information and my child is now without any insurance as the state recently dropped them from medicaid. What can I do to enforce this order?

    • admin Dec 19, 2013 @ 22:43

      I cannot address every question. Please click the Google +1 button on on the article page, and that will increase the chances I can address your question.

  • Gena Makowski Dec 19, 2013 @ 11:17

    My husbands ex has been talking and telling bad things and lies to his 9 year old son about my husband, and it specifically says in the agreed order that neither parent or there family member’s are to make disparaging remarks about either party, she continues to do this and it has really upset his son to the point he is acting out at school, and he now has to see a counselor, it seems she is not putting the child’s best interests first. Can she be held in contempt for violating this agreement.

    • admin Dec 19, 2013 @ 22:42

      I cannot address every question. Please click the Google +1 button, and that will increase the chances I can address your question.