How Can I Enforce My Custody Agreement?

May 27th, 2025 by Tiffany Hughes

Ensuring that custody agreements are upheld is crucial for the well-being of both parents and children involved. In Illinois, custody agreements are legally binding, and there are established procedures to enforce them if one party fails to comply.

Understanding Custody Agreements

In Illinois, custody agreements help parents understand their co-parenting responsibilities and visitation with the children by outlining the responsibilities and rights of each parent regarding the care, upbringing, parenting time, visitation schedules, and decision-making for their child. These agreements can be established through negotiation between the parents, mediation, or court proceedings.

If one parent fails to comply with the terms of the custody agreement, the other parent has legal options to enforce it. Here are some steps you can take:

1. Documentation: Keep detailed records of any co-parenting issues and violations of the custody agreement, including missed visitations, refusal to return the child on time, or any other breaches. Documentation such as emails, text messages, and communication logs can serve as evidence in court.

2. Mediation: Consider mediation as an initial step to resolve your custody battle. Mediation involves a neutral third party who helps facilitate communication between the parents and work towards a mutually acceptable solution. Many custody agreements include provisions for mediation before pursuing legal action.

3. File a Motion for Contempt: If mediation fails to resolve the issue, you can file a motion for contempt with the court. A motion for contempt notifies the court that one party has failed to comply with the custody agreement. If the court finds the non-compliant parent in contempt, they may impose penalties, such as fines, make-up visitation time, or modifications to the custody agreement.

4. File a Motion to Modify the Custody Agreement: In some cases, it may be necessary to seek modification of the custody agreement to better address the needs of the child and prevent future conflicts. If circumstances have changed significantly since the original agreement was established, such as a parent’s relocation or a change in the child’s needs, the court may consider modifying the custody agreement.

5. Seek Legal Assistance: Obtaining a court order for custody or enforcing a custody agreement can be complex, especially if it involves court proceedings. Consulting with an experienced family law attorney can help you understand your rights and responsibilities, navigate the legal process, and advocate for your interests effectively.

Illinois law prioritizes the best interests of the child in all visitation and custody matters, and enforcement of custody agreements is essential to ensure the child’s well-being and stability. By understanding your rights and legal options, you can take proactive steps toward obtaining a court order for custody, enforcing your custody agreement, and protecting your relationship with your child.

Is Child Custody Enforceable Without a Court Order in Illinois?

Obtaining a court order for custody, including specifics about when and where visitation and custody occurs, is advisable. Without such an order in Illinois, enforcing your custody agreement can be challenging. In the absence of a court order, there isn’t a legal foundation for involving law enforcement unless a distinct crime has transpired. Moreover, except in extreme cases involving the immediate safety and wellbeing of the children, the courts lack the authority to intervene without first entering a court order for custody. To establish an enforceable custody agreement, you must initiate legal proceedings by filing a child custody petition and obtaining a court order for custody.

Need More Information or Representation?

If you are engaged in a custody battle to obtain a court order for custody, want assistance attending mediation, need to enforce your custody agreement, or require a modification to your current custody agreement, 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 who is filing for a divorce with children and is engaged in a custody battle, has ongoing co-parenting issues, has a custody agreement, or is looking to obtain a court order for custody or visitation, is looking to file a Motion to Modify the Custody Agreement or Motion for Contempt, is considering mediation on co-parenting issues, has an ex who won’t comply with the custody agreement, or anyone who needs help enforcing a custody agreement with or without a court order in Illinois.

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.