In Texas, if a parent refuses to let the other parent have possession of the child pursuant to the terms of the court order, the remedy is to go back to the court and ask the judge to make them comply with the order. The parent asking the court to enforce the order must show proof they did everything they were supposed to do and the other parent failed to turn over the child. For example, if that parent is supposed to pick up the child on Friday at 6:00 p.m., he must describe to the court each incident where he appeared at the right time and place and the other parent failed to surrender or release the child. If the court orders the parent to comply with the order and the parent still refuses, the other parent may also ask the court to issue a criminal contempt citation. If the court finds the parent guilty of criminal contempt, the punishment may be jail time and/or a fine.


You or your attorney will need to file a "motion to enforce possession and access" and it should include at least the following information:

1. identify the provision of the order allegedly violated and sought to be enforced;
2. state the manner of the respondent’s alleged noncompliance;
3. state the relief requested by the movant; and
4. contain the signature of the movant or the movant’s attorney.


JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a family law attorney to assist you in your area by going to www.lawyers.com or www.martindale.com.

Please click “ACCEPT” so I may get credit for my work. If you have a couple of follow-up questions I would be happy to address them for you after that at no additional charge.