Enforcement of Parenting Time Orders

If you have a visitation order from a court in South Dakota AND the other party has disobeyed the decree, temporary order, or other court order for custody or visitation, you may follow these instructions and ask the court to enforce the order.

A more comprehensive instructional document can be found directly below, you are advised to print and follow these instructions. UJS-375 Instructions for Parenting Time Enforcement

1. Complete the Petition for Order to Show Cause Hearing
  • Complete the Petition to inform the court of what has occurred. Be specific as to how the other party disobeyed the visitation order. Nothing in this form should be confusing to understand, but make sure to complete the Petition in full. Copy EXACTLY the information from your current visitation order, when the information is the same.
  • UJS-376-Petition to Show Cause
  • ATTENTION: These forms must be signed in the presence of a notary public or the clerk of court. You MUST wait to sign this portion until you are in the presence of the notary public or the clerk of court. Be sure to bring you photo identification to verify that you are who you claim to be. By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be charged with a crime for not telling the truth.
2. Print the Order to Show Cause
  • DO NOT fill out information on the Order; EXCEPT for the Caption. You may complete the Caption section, an example of the Caption is shown below. The information for the Caption should be the same as your visitation order.

  • UJS-377-Order to Show Cause
3. File the Documents with the Clerk of Courts
  • File the following documents,

    1. Petition for Order to Show Cause Hearing (Completed in Step 1)
    2. Proposed Order to Show Cause (Completed in Step 2)
    3. Prior Visitation Order

  • Once you have filed the documents and paid the filing fee, the Judge will decide if the Order to Show Cause will be signed. If the Judge signs the Order, the Clerk of Court will set a hearing date and contact you about the hearing.
4. Serve the Opposing Party
  • Once, a hearing date has been set it is your duty to serve the opposing party. Instructions to serve the defendant can be found below.
  • Documents You Will Need to Serve - The Defendant must be served with copies the following documents (the originals are filed with the Clerk of Court Office),

    1. Petition for Order to Show Cause Hearing (Completed in Step 1)
    2. Order to Show Cause (Completed in Step 2)
    3. You will also need to include an Admission of Service document, which will differ depending on the type of service you choose (see "How to Serve the Defendant" below)

  • Hand Delivered - The Admission of Service of Summons and Complaint is the document served to prove that the defendant was properly served if you hand deliver the documents to the defendant.
  • Mailed - The Admission of Service is the document served to prove that the defendant was properly served if you mail the documents to the defendant. UJS-376-Petition to Show Cause
  • ATTENTION: These forms must be signed in the presence of a notary public or the clerk of court. You MUST wait to sign this portion until you are in the presence of the notary public or the clerk of court. Be sure to bring you photo identification to verify that you are who you claim to be. By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be charged with a crime for not telling the truth.
  • Sheriff's Office - Does not require any additional forms, only the Petition & Notice; however, please be aware that having the Sheriff's Office deliver notice will cost the plaintiff a fee.
5. File the Proof of Service
  • Once the opposing party returns the Proof of Service (Admission of Service OR Sheriff's written documentation), you must file the Proof of Service with the Clerk of Court.
6. Attend the Hearing
  • What do I need to know for the hearing?

    1. Bring copies of all relevant documents
    2. Bring any proof or witnesses you may have that will verify your loss of visitation rights
    3. Dress and act formally
    4. Refer to the Judge as "Your Honor"
    5. Talk to the Judge, NOT the opposing party

  • Side Note: Relax, the Judge simply wants to hear the reasoning from both parties point of view as to why they should prevail.
  • Do NOT bring your Children to the Hearing
  • At the end of the hearing the Judge will enter an Order and send the parties a copy of the Order.