Holiday custody schedules prevent confusion during an already stressful time. Texas courts typically issue detailed holiday possession orders because missed exchanges and denied visitation often happen when emotions are high and schedules are tight.
When a co-parent violates a holiday custody order, many parents hesitate. Some wait, hoping the issue resolves itself. Others worry that taking action will escalate conflict.
Under Texas law, how you respond to a holiday custody violation can determine whether the court will enforce the order or allow the behavior to continue.
What Counts as a Holiday Custody Order Violation in Texas
A violation occurs when a parent fails to follow the terms of a court-ordered possession schedule. Common holiday violations include:
- Failing to surrender the child at the ordered exchange time
- Refusing holiday visitation outright
- Keeping the child past the court-ordered return time
- Changing exchange locations without agreement or court approval
- Interfering with court-ordered phone or video contact during the holiday
Why Holiday Custody Violations Are Treated Seriously by Texas Courts
Texas courts view possession orders as mandatory, not optional. Holiday periods are limited, and interference can permanently deprive a parent of time that cannot be replaced. Judges also recognize that repeated holiday violations can undermine stability for the child. A pattern of noncompliance may become a factor in future custody or modification proceedings.
Immediate Steps to Take When a Holiday Custody Order Is Violated
If your co-parent violates the holiday order:
- Do not retaliate by withholding child support or attempting to obtain your children by force.
- Document the missed exchange with exact dates and times.
- Save texts, emails, and call logs showing the refusal or delay.
- Communicate in writing and remain factual.
- Continue complying with the order on your end.
- Contact a child custody attorney to avoid any mistakes.
Enforcement vs. Contempt: What Is the Difference Under Texas Law
Enforcement Actions
An enforcement action asks the court to compel compliance with an existing order. Remedies may include:
- Court-ordered make-up visitation
- Clarification of unclear language
- Orders requiring strict future compliance
Contempt of Court
Contempt of court is a more serious legal issue. It applies when a parent willfully disobeys a clear court order. Contempt penalties may include fines, attorney’s fees, probation, or jail time in severe cases. Not every violation qualifies for contempt, even if enforcement is appropriate.
What Must Be Proven to Hold a Co-Parent in Contempt
To succeed on a contempt claim, the court must find:
- A clear, specific custody or possession order is in place;
- The violating parent had the ability to comply;
- The violation was intentional, not accidental; and
- Proper notice and due process requirements were met.
Common Defenses Raised in Holiday Custody Enforcement Cases
Parents accused of violating holiday orders often argue:
- They misunderstood the possession schedule.
- Travel delays or emergencies prevented compliance.
- Both parents failed to follow the order.
- The child refused to go.
These defenses typically are closely scrutinized, especially when the order is detailed and the violation is documented.
Why “Waiting It Out” Can Hurt Your Case
Failing to act sends the wrong message. Courts expect parents to enforce their rights promptly. Delays can weaken credibility and allow the other parent to argue that the violation was insignificant or forgiven.
Patterns matter. A single violation may be addressed lightly, but repeated holiday interference often leads to stronger court action.
How Texas Courts Can Enforce Holiday Possession Orders
Texas courts have several enforcement tools available, including:
- Contempt findings for willful violations
- Make-up holiday or weekend visitation
- Orders awarding attorney’s fees and costs
- Consideration of violations in future custody modifications
The remedy depends on the facts, the order language, and the parent’s conduct.
Read Also: Custody and Your Child’s Extracurricular Activities
Speak With a DFW Family Law Attorney About Enforcing Your Holiday Custody Order
If your co-parent violated a holiday custody order in the DFW area, timing matters. Proper documentation and prompt action can make the difference between enforcement and continued interference.
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