Feb92026
Family Law Q&A Series

How can I enforce my custody order if the other parent won’t show up for visits or allow the court-ordered phone calls? – North Carolina

Short Answer

In North Carolina, a custody order (including visitation and court-ordered phone or electronic contact) can be enforced through the district court using contempt and, in some cases, injunctive relief. The usual first step is filing a motion to hold the other parent in contempt for willfully violating the order. If the pattern continues, a motion to modify custody/visitation may also be appropriate, because repeated interference or refusal to follow the order can support a change in the parenting plan.

Understanding the Problem

In North Carolina custody cases, the key question is: when a court order requires supervised parenting time and scheduled phone contact, what can be done when one parent does not follow the schedule, blocks the calls, and stops sharing basic contact information needed to make the order work? The issue usually turns on whether the existing order is clear enough to enforce and whether the noncompliance is serious and ongoing. The relief typically comes from the same court that entered the custody order, using enforcement tools designed to make the order work as written.

Apply the Law

North Carolina law allows enforcement of custody orders through contempt proceedings, and it also allows courts to use injunction-type remedies in custody cases. Contempt focuses on willful disobedience of a valid court order and can be used to address missed visits and blocked court-ordered communication. Separately, if the current plan is not working or one parent’s conduct shows the order needs different terms, North Carolina allows a motion to modify custody/visitation based on changed circumstances, with the child’s best interests controlling the outcome.

Key Requirements

  • A clear, valid custody order exists: The order must be in effect and specific enough that a judge can tell what was required (for example, the supervised visit schedule and the phone-call schedule).
  • Willful violation (not just a misunderstanding): Enforcement by contempt generally requires proof that the other parent knew about the order and deliberately failed to follow it.
  • Ability to comply (for civil contempt): Civil contempt is designed to push compliance. It generally requires that the other parent can comply (for example, can make the child available for calls, can provide required contact information, and can follow the supervised-visit process) but chooses not to.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an existing North Carolina custody order with joint legal custody, supervised parenting time, and court-ordered phone contact. If the other parent is missing many visits, stopping the ordered phone contact, and refusing to provide an address or respond, those facts can support an enforcement request because they describe noncompliance with specific parts of the order. The strongest enforcement cases usually include a clear schedule in the order and a documented pattern showing the missed visits/calls were not isolated and were within the other parent’s control.

Process & Timing

  1. Who files: The parent seeking enforcement. Where: North Carolina District Court in the county where the custody case is filed (the same file number). What: Typically a motion to show cause / motion for contempt (often filed as a “motion in the cause”), supported by a sworn statement describing each missed visit and each blocked call, with dates and what the order required. When: As soon as there is a pattern of violations or a serious violation that is likely to repeat.
  2. Service and hearing: The other parent must be properly served with the motion and hearing date (or a show-cause order if the court issues one). At the hearing, the judge will focus on what the order says, what happened, whether the violation was willful, and (for civil contempt) whether the other parent has the present ability to comply.
  3. Possible outcomes: If the judge finds contempt, the court can enter orders aimed at compliance (for example, specific “make-up” time, clearer call windows, requirements to exchange updated contact information, and other compliance-focused terms). If the conduct suggests the current plan is not workable, the court may also consider whether a separate motion to modify custody/visitation should be filed.

Exceptions & Pitfalls

  • Vague orders are harder to enforce: If the order does not clearly state call times, call length, who initiates the call, or how supervised visits are scheduled, the court may need to clarify terms before meaningful enforcement is possible.
  • Contempt requires proof of willfulness: Missed visits caused by genuine inability (for example, a supervisor’s unavailability that is documented and promptly communicated) can change the analysis. Courts look for deliberate refusal versus unavoidable problems.
  • Ability to comply matters in civil contempt: Civil contempt is designed to coerce compliance, so the court generally must be able to set “purge” conditions the other parent can actually meet (such as providing a working phone number, allowing scheduled calls, or following the supervised-visit protocol).
  • Do not “self-help” by changing the schedule: Withholding the child, changing supervision arrangements without court approval, or retaliating by blocking contact can backfire and shift the focus away from the other parent’s violations.
  • Document the pattern: A simple log (date/time, what the order required, what happened, and any messages) plus call records and supervisor notes often makes the difference between “he said/she said” and a clear enforcement record.
  • Consider modification when interference is ongoing: If repeated missed visits and blocked communication show the current plan is not working, a motion to modify under North Carolina’s changed-circumstances standard may be the more practical long-term solution. For more on that topic, see change custody or parenting time because the other parent keeps withholding the child and missing scheduled visits.

Conclusion

In North Carolina, a parent can enforce a custody order (including supervised visitation and court-ordered phone contact) by filing an enforcement motion and asking the district court to hold the noncomplying parent in contempt when the violations are willful and the order is clear. Repeated interference can also support a request to modify the custody/visitation terms based on changed circumstances. A practical next step is to file a motion in the cause for contempt in the existing case file and attach a detailed, dated record of each missed visit and blocked call.

Talk to a Family Law Attorney

If there is a custody order but the other parent keeps missing visits, blocking court-ordered phone calls, or refusing to share contact information needed to follow the order, our firm has experienced attorneys who can help explain enforcement options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.