California
What do I file if the other parent won’t follow the custody order in California?
Quick answer
It depends on what you want the court to do. To have the other parent found in contempt, you file an Order to Show Cause and Affidavit for Contempt (form FL-410) with an Affidavit of Facts Constituting Contempt (form FL-412). To get a clearer or different order, you file a Request for Order (form FL-300).
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Form FL-410 warns the other parent: “A contempt proceeding is criminal in nature. If the court finds you in contempt, the possible penalties include jail sentence, community service, and fine.” FL-412 is the attachment for custody and visitation violations.
Code of Civil Procedure section 1218(c)(1)(A) says that on a first finding of contempt of a Family Code order, the court shall order the person “to perform community service of up to 120 hours, or to be imprisoned up to 120 hours, for each count of contempt,” unless it grants probation or a conditional sentence instead under section 1218(c)(2). Section 1218(a) allows an order to pay the attorney’s fees and costs of the parent who brought the case. Under section 1218.5(b), a contempt case for violating a Family Code order other than support must be started within two years of the violation.
Family Code section 3028 allows financial compensation, limited to reasonable expenses, when a parent “has been thwarted by the other parent when attempting to exercise custody or visitation rights.” The request must allege, under penalty of perjury, at least $100 in expenses incurred, at least three occurrences of failure to exercise custody or visitation rights, or at least three occurrences of the thwarting of efforts to exercise custody or visitation rights within the six months before filing.
- Form FL-410, Order to Show Cause and Affidavit for Contempt, Rev. January 1, 2015 (PDF)
- Form FL-412, Affidavit of Facts Constituting Contempt (Domestic Violence/Custody and Visitation), Rev. January 1, 2003 (PDF)
- Code of Civil Procedure section 1218 (leginfo.legislature.ca.gov)
- Code of Civil Procedure section 1218.5 (leginfo.legislature.ca.gov)
- Family Code section 3028 (leginfo.legislature.ca.gov)
What to do next
Keep a record of each violation with dates and times. The courts’ self-help page says contempt is for intentional violations and recommends talking to a lawyer about it; other options it lists are asking the police to enforce the order, contacting the district attorney’s child abduction unit if you think the child was abducted, and asking to change the order.
Last checked against the sources above on October 6, 2026.
Need a clearer custody order?
Our guided tool fills out the Request for Order and custody attachments, and drafts your declaration from your own words.
Join the waitlist ($129 at launch)Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
Get the California custody checklist
Two pages: what to gather, which forms, deadlines, what to bring to the hearing. Free, no account.