By: RCG Law Group February 3, 2026

What Happens If One Parent Violates the Custody Order in Utah? Civil and Criminal Consequences

Family Law Attorney

If a parent violates a custody order in Utah, they face potential civil contempt of court charges and, in severe cases, criminal charges for custodial interference. Consequences range from court-ordered make-up parent-time and fines to jail time and a permanent change in custody.

Not every minor lateness is a major violation, but patterns of willful disobedience are legally actionable under Utah law. It provides specific mechanisms to enforce your rights and recover lost time with your child.

If you are dealing with a non-compliant co-parent, we can help you enforce the order. Our child custody lawyers in South Jordan can explain your legal options and take swift action to protect your parental rights.

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Key Takeaways for Violations of Utah Custody Orders

Violating a custody order has serious consequences. Utah courts may enforce orders through civil contempt, which could result in fines, make-up parent-time, and even jail time, while severe cases might lead to criminal charges for custodial interference.
Thorough documentation is your strongest tool. To prove a willful violation, you must maintain a detailed log of dates, times, and communications, as vague complaints are easily dismissed by the court.
A pattern of violations can change the custody order itself. Consistent obstruction of parent-time may be considered a material change in circumstances, potentially leading a judge to modify the custody arrangement in the child’s best interests.

Civil Contempt: The Court’s Primary Tool

The most common legal path to address a violation of a custody order is through a civil contempt of court action. This process asks the court to step in and enforce its own order. But what does that really mean for you and your child?

Understanding a Willful Violation

The key to a successful enforcement action is demonstrating that the other parent’s violation was willful. There’s a significant difference between a technical violation and an act of contempt.

For example, being 15 minutes late for a drop-off because of a snowstorm on I-15 is frustrating, but it likely isn’t willful contempt. In contrast, repeatedly refusing to answer the door at the designated exchange time, blocking your phone calls, or scheduling activities during your court-ordered time demonstrates a willful disregard for the court’s authority. Under Utah Code § 78B-6-301, disobedience of a lawful court order constitutes contempt.

What Remedies May the Court Order?

When a court finds a parent in contempt for violating a parent-time order, it has several tools at its disposal, outlined in Utah Code § 30-3-10.9. These are designed not just to punish the violating parent but to restore order and ensure the child’s best interests are served. The court may order:

Make-Up Time: The court may, and frequently does, order compensatory parent-time to replace the time that was wrongfully denied.
Fines and Fees: The violating parent may be ordered to pay your attorney fees and court costs associated with bringing the enforcement action.
Community Service or Jail: While jail is typically a last resort in civil cases, judges have the authority to sentence a non-compliant parent to jail until they agree to follow the order.

The process generally begins by filing a Motion for Order to Show Cause. This is a formal request asking the court to schedule a hearing where the other parent must explain why they shouldn’t be held in contempt for their actions. An experienced attorney can ensure this motion is filed correctly and presents your case effectively.

Criminal Consequences: Custodial Interference

Sometimes, a violation is so severe that it crosses the line from a civil family law dispute into a criminal matter. This is known as custodial interference, and it is a serious charge with lasting consequences one that should be addressed immediately with the guidance of a family law attorney.

Take the Next Step Toward Peaceful Co-Parenting

Under Utah Code § 76-5-303, custodial interference occurs when a person takes, conceals, or detains a child with the intent to interfere with the lawful custody or parent-time of another. It typically applies to major breaches like taking the child out of Utah without permission, hiding the child’s location for an extended period, or otherwise acting to completely deprive the other parent of their rights. Depending on the specifics, custodial interference may be charged as a Class A misdemeanor or even a third-degree felony if the child is taken across state lines.

Furthermore, if a parent takes a child outside of the United States, it could trigger federal charges under the International Parental Kidnapping Crime Act. This federal law makes it a felony to remove a child from the U.S. to obstruct another person’s parental rights.

Long-Term Consequence: Modification of Custody

If the violations continue, they may constitute evidence of a material and substantial change in circumstances. This is the legal standard required to ask the court to modify the custody decree itself under Utah Code § 30-3-10.4.

When determining the best interests of the child, Utah courts consider each parent’s willingness to facilitate and encourage a close relationship between the child and the other parent. A parent who consistently obstructs that relationship is demonstrating that they may not be the parent best suited for primary custody. If one parent proves they are unable or unwilling to follow the rules, the court may eventually decide the most stable environment for the child is with the parent who will respect the court’s orders.

FAQ: Common Questions on Custody Violations

Can I stop paying child support if my ex refuses to let me see my kids?

No. Utah law explicitly treats child support and parent-time as separate and independent obligations. Withholding child support will not solve the parent-time issue; it will only put you in contempt of court for failure to pay.

What if my child refuses to go?

Unless you have a legitimate and immediate concern for the child’s safety, it is the parent’s legal responsibility to ensure the child complies with the court-ordered schedule. A child’s reluctance is rarely a valid legal defense for a parent to violate a custody order.

Does the other parent have to disclose their address if they move?

Generally, yes. However, if a parent has relocated due to domestic violence, recent legislative updates like S.B. 208 provide mechanisms to protect the confidentiality of their new address from the other parent.

Can I deny visitation if I think the other parent is drinking?

A child’s safety is the highest priority. If you have a good-faith belief that the other parent is impaired and poses an immediate danger to the child, you should protect the child. However, you must immediately contact law enforcement or the Division of Child and Family Services (DCFS) and be prepared to file a motion with the court to justify your actions.

How much does it cost to enforce an order?

Costs may vary depending on the complexity of the case. However, as mentioned, Utah law allows the court to order the non-compliant parent to pay for the attorney fees and costs you incurred to enforce the order.

Enforce Your Rights and Protect Your Relationship

You should not have to constantly fight for the time with your child that you were legally promised.

Our firm handles these enforcement cases regularly. We understand how to gather and present the necessary evidence to the court to seek the remedies available, whether that is make-up parent-time, recovering your legal costs, or pursuing a modification of custody.

Do not let the fear of making things worse prevent you from taking action. Consistency and predictability are in your child’s best interests. If the other parent is ignoring the court order, let us help you restore that structure.

Call RCG Law Group today to discuss your next steps.

Schedule Your Custody Consultation