If a father has a parenting plan and the mother does not comply, why will local police not unforced the judge’s order?

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If a father has a parenting plan and the mother does not comply, why will local police not unforced the judge’s order?

Asked on January 4, 2013 under Family Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Tennessee does have a custodial interference statute- but it is designed more for those incidents where one parent is hiding the child from the other parent.  The local police could potentially file the charges, but many are reluctant to file the charges because they perceive child custody matters as civil in nature.  Even though they could file the charge of custodial interference under Ch. 36-13-306, they would still not have the authority to enforce the judge's order.  This is because law enforcement has criminal, not civil jurisdiction.  Only the civil judge can enforce the civil order after notice and hearing.  If the parenting plan is not being followed, a parent's usual remedy is to file  motion to enforce or motion for contempt with the judge/court that signed the order.


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