What to Do When Law Enforcement Won’t Enforce Custodial Interference Laws in Ohio
Ohio Revised Code § 2919.23 clearly states that interference with custody is a criminal offense. Yet far too often, police departments refuse to act—claiming it’s a “civil matter”—even when a valid court order is being violated.
This failure is not just unethical, it’s a dereliction of duty—and it comes at the cost of your child’s wellbeing, your rights, and the rule of law itself.
Here’s what to do:
1. Document Everything in Writing
• Log every missed exchange (dates, times, who was present, what happened)
• Save all texts/emails proving the other parent’s refusal
• Screenshot court orders and highlight where your time is clearly stated
• Use an evidence-tracking app if possible
2. Attempt to File a Police Report Anyway
Even if you’re told “this is civil,” insist on the following:
“ORC 2919.23 defines interference with custody as a criminal offense. I am requesting a police report be filed documenting the repeated and willful violation of a court order, which has now continued for [insert #] weeks. I want this report submitted to the prosecutor’s office for review.”
Ask for the officer’s name and badge number if they refuse to file the report.
3. Send a Written Complaint to Police Leadership
Send a formal letter to:
• Police chief or sheriff
• Internal affairs (if applicable)
• City law director or public safety director
State:
• Your custody order
• Dates of violations
• That you’ve tried to report it
• The specific law (ORC 2919.23) being violated
• That refusal to act constitutes negligence and unequal enforcement of the law
4. Contact the Prosecutor’s Office Directly
If police won’t help, go around them. Send a complaint directly to the county prosecutor, along with:
• Your parenting order
• A timeline of violations
• Copies of any communication attempts
• A cover letter stating you are reporting criminal custodial interference per ORC 2919.23
5. File a Motion for Contempt in Family Court
While slow, this shows the court the order is being violated. Ask the judge to:
• Hold the offending parent in contempt
• Sanction them (fines, makeup time, etc.)
• Order law enforcement to assist with future enforcement
Note: This also creates a paper trail for future civil rights claims.
6. Go Public: Shine a Light on the Corruption
You are not alone. Most parents suffer in silence. Use your voice to:
• Share your story on social media
• Join advocacy groups for family court reform
• Contact local reporters or family court watchdog groups
• Organize peaceful protests at the courthouse or police department
7. Consider a Federal Civil Rights Complaint
If your rights are continually violated, you may be able to file under 42 U.S.C. § 1983 (civil rights violation) for:
• Denial of due process (14th Amendment)
• Unequal enforcement of the law
• Gender-based discrimination (if applicable)
You may also contact:
• Ohio Civil Rights Commission
• Department of Justice Civil Rights Division
8. Remind Law Enforcement of Their Oath
Officers swear to uphold all laws—not just the ones they personally choose. Selective enforcement is unconstitutional.
Let them know:
“When officers refuse to act on a clear felony like custodial interference, they’re not only aiding child psychological abuse—they’re helping bankrupt parents and destroy the tax base that funds your pensions and salaries.”
Summary:
Do not stop. Do not accept silence. Do not give up.
Every refusal you document becomes evidence of systemic failure.
And when enough of us expose that failure, we become the reform.