Can Police Enforce a Child Custody Order in Illinois?

May 12th, 2025 by Tiffany Hughes

Child custody matters can often be emotionally charged and complex, with parents sometimes finding themselves at odds over visitation schedules, parenting time, and other related issues. In Illinois, like in many other states, family courts issue custody orders to establish the legal rights and responsibilities of parents regarding their children. But what happens when one parent fails to comply with a custody order? Can the police enforce the custody order?

Understanding Custody Orders in Illinois

In Illinois, child custody is determined based on the best interests of the child. Custody orders typically address both legal custody (decision-making authority regarding the child’s upbringing, education, healthcare, etc.) and physical custody (the right to have the child physically reside with the parent). These child custody orders are issued by family courts as part of divorce proceedings or in cases where parents are unmarried but seeking custody arrangements.

Enforcement of Custody Orders

While custody orders are legally binding, when they are violated, custody orders are primarily enforced through civil mechanisms rather than criminal ones, which means that disputes regarding custody violations are typically handled within the family court system rather than through police intervention. However, there are circumstances where law enforcement may become involved.

Instances of Potential Police Involvement in Child Custody Orders

1. Interference with Parenting Time: If one parent refuses to allow the other parent court-ordered visitation or parenting time, that parent is in violation of the custody order and the aggrieved parent may involve the police or may seek enforcement through the court to enforce the custody order, where a parent repeatedly in violation of the custody order and refusing to comply may face contempt of court charges. It is typically advisable to seek compliance through the court rather than police intervention as the court is less disruptive to the child. However, in extreme cases of violations of the court ordered custody agreement, a parent may have no other choice but to involve the police for the well-being of the children.
2. Child Abduction in Custody Orders: If a parent violates a custody order by refusing to return the child after visitation or unlawfully taking the child out of state, these custody order violations may be considered parental abduction. In such cases, law enforcement can become involved to locate and return the child, and the offending parent may face criminal charges.
3. Domestic Violence in Custody Orders: If there are allegations of domestic violence or threats to the safety of the child, law enforcement may intervene to ensure the child’s welfare and enforce protective orders issued by the court.
4. Emergency Situations: In rare emergency situations where a child’s safety or well-being is at immediate risk, law enforcement may take temporary custody of the child until the situation can be addressed by the appropriate authorities.

Can I get a warrant to retrieve my child from my ex?

In most instances, the police will not issue a warrant to take a child from the custody of their parent. A warrant will only be issued if the child is immediately likely to suffer serious physical harm or be removed from the State and only if all other methods or attempts to remove the child from the custody of one party have failed. Illinois Law states:

 “If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective.” 750 ILCS 36/311(e).

As such, it is very unusual for parents to attempt to retrieve their child from the other through a police warrant. However, there are other legal alternatives.

Can I petition the Court to enforce parenting time?

If you find yourself in the position of needing to have your child removed from the custody of a parent, you can petition the Court for an order enforcing or drafting modifications to custody agreements, which includes parenting time and decision making. Section 607.5(c) of the Illinois Marriage and Dissolution of Marriage Act states:

“If the court finds by a preponderance of the evidence that a parent has not complied with allocated parenting time according to an approved parenting plan or a court order, the court, in the child’s best interests, shall issue an order that may include one or more of the following:

1. an imposition of additional terms and conditions consistent with the court’s previous allocation of parenting time or other order;
2. a requirement that either or both of the parties attend a parental education program at the expense of the non-complying parent;
3. upon consideration of all relevant factors, particularly a history or possibility of domestic violence, a requirement that the parties participate in family or individual counseling, the expense of which shall be allocated by the court; if counseling is ordered, all counseling sessions shall be confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by any party;
4. a requirement that the non-complying parent post a cash bond or other security to ensure future compliance, including a provision that the bond or other security may be forfeited to the other parent for payment of expenses on behalf of the child as the court shall direct;
5. a requirement that makeup parenting time be provided for the aggrieved parent or child under the following conditions: (A) that the parenting time is of the same type and duration as the parenting time that was denied, including but not limited to parenting time during weekends, on holidays, and on weekdays and during times when the child is not in school; (B) that the parenting time is made up within 6 months after the noncompliance occurs, unless the period of time or holiday cannot be made up within 6 months, in which case the parenting time shall be made up within one year after the noncompliance occurs;
6. a finding that the non-complying parent is in contempt of court;
7. an imposition on the non-complying parent of an appropriate civil fine per incident of denied parenting time;
8. a requirement that the non-complying parent reimburse the other parent for all reasonable expenses incurred as a result of the violation of the parenting plan or court order; and
9. any other provision that may promote the child’s best interests.”

While police enforcement of child custody orders in Illinois is not the norm, there are circumstances where law enforcement may become involved to ensure compliance and protect the well-being of the child. Understanding your legal rights and options is crucial in navigating child custody disputes and seeking resolution through the appropriate legal channels. Ultimately, the focus should always remain on the best interests of the child. If you find yourself facing a child custody dispute or believe that your custody order is being violated, it’s essential to seek legal guidance promptly. As experienced family law attorneys, we can help you understand your rights, navigate the legal process, enforce your custody order, and advocate for the best interests of your child.

Need More Information or Representation?

If you are engaged in a child custody battle or need a child custody order to be drafted, modified, or enforced, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone navigating child custody, drafting custody agreements, understanding custody orders, enforcing custody orders, addressing violations of custody orders, child abduction in custody orders, and domestic violence in custody orders, contemplating police involvement in child custody orders, warrants to retrieve children, or modification of court ordered custody agreements.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

      Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.