You have a court order. It spells out exactly what each parent is supposed to do — when they pick up the kids, how much child support gets paid, what holidays belong to whom. And the other parent is ignoring it.
This is one of the most frustrating situations a pro se litigant can face. You followed the rules. You went through the process. You got an order. And now it’s being treated like a suggestion.
Here’s what you need to know — and what you need to do.
First: Document Everything
Before you file anything, build your record. Courts don’t reward outrage — they respond to evidence. Every violation needs to be documented with specifics: date, time, what was supposed to happen, what actually happened, and any witnesses or communications that support your account.
Keep a running log. Screenshot every relevant text message. Save every email. If a child exchange didn’t happen, note the exact time you arrived, how long you waited, and any attempts to contact the other parent. If child support wasn’t paid, pull your payment records.
The more specific and documented your violations are, the stronger your enforcement case will be.
Understand What Type of Violation You’re Dealing With
Not all violations are the same, and the remedy depends on the type:
- Possession violations — the other parent is withholding the children, not following the schedule, or interfering with your court-ordered time
- Child support violations — payments are late, partial, or not being made at all
- Conduct violations — the other parent is violating injunctions or behavioral orders in your decree (moving away without notice, disparaging you to the children, etc.)
- Communication violations — blocking court-ordered phone or video calls with the children
Each type has a different enforcement pathway, though they all run through the same general legal process.
The Enforcement Motion: Your Primary Tool
In Texas, the primary mechanism for enforcing a family court order is a Motion for Enforcement — sometimes called a Motion for Enforcement of Possession and Access (for custody violations) or a Motion for Enforcement of Child Support.
This motion asks the court to find the other party in contempt of court for violating a specific, enforceable provision of the order. Contempt is serious. It can result in fines, jail time, make-up possession time, attorney’s fees, and other sanctions.
To succeed on an enforcement motion, you need to show:
- There is a valid, existing court order
- The order contains a specific, enforceable provision
- The other party had knowledge of the order
- The other party violated that specific provision
Vague language in orders can be a problem — if the provision isn’t specific enough to be enforced, the court may decline. This is one reason why the language of your original order matters enormously.
What About Emergency Situations?
If the violation involves an immediate danger to your child — the other parent has taken the child out of state, is refusing to return them, or there is a safety emergency — you may be able to seek emergency relief, including a Writ of Habeas Corpus or an emergency modification.
These are urgent, time-sensitive filings. If you believe your child is in danger, contact law enforcement and reach out to me immediately.
Don’t Retaliate
This is critical: do not respond to violations by committing your own. If the other parent withholds your kids, do not withhold child support. If they deny a phone call, do not refuse a pickup. Two wrongs don’t cancel out in family court — they just give the other side ammunition against you.
Stay in compliance with your order. Document their violations. Let the court handle it. That is the strategy that wins.
Let’s Build Your Enforcement Case
Enforcement motions need to be precisely drafted to cite specific order provisions and specific violations. I help my students build enforcement cases that are airtight — the right language, the right evidence, filed the right way.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach