Whether you negotiated a child custody arrangement or litigated the matter in court and had a judge rule on the matter, the expectation is that you and the other parent will abide by the existing custody and visitation order. After all, the court has already deemed that arrangement to be in your child’s best interests. But if the other parent fails to live up to their end of the custody order, the matter can become quite contentious, leaving you uncertain of what to do. If you want compliance with the court’s order, then you may need to seek a contempt hearing.
What is contempt?
Indirect contempt of court is the willful violation of a court order. Because it involves activities that occur outside of the court’s presence, indirect contempt must be brought to the court’s attention through a motion for a rule to show cause. Here, you specify which order was violated and specify with detail how and when it was willfully violated. The court will then set the matter for a hearing, ordering the other parent to appear in court to give cause for why they shouldn’t be held in contempt.
What happens if the other parent is held in contempt?
If the court finds that the other parent has willfully violated an existing order, then there are many actions the court can take to try to coerce compliance. This includes fining the other parent or even send them to jail. The court may also be more inclined to modify the existing order in your favor to limit the other parent’s time with the child.
Do you need help addressing custody order non-compliance?
If so, then don’t hesitate to reach out to your attorney. After all, your child’s best interests and overall well-being could be on the line. With swift action supported by solid evidence, though, you may be able to resolve the matter in a quick and fair way.