Contempt

If either parent intentionally and continually disregards the court-ordered schedule or other provisions of a parenting plan, and you cannot get adequate relief through the expedited parenting time enforcement procedures available in your county, this may also be actionable as contempt.

For instance, if the other parent is not fulfilling their court-ordered responsibility to make timely, complete, child support payments, and the state agency is not effectively collecting and enforcing the support obligation for you, you may need to ask for help from the court.
 

A private party may bring an action for “remedial” contempt, with the goal to make the other person change his or her behavior. If the court finds someone is in contempt, the court may order that person to remedy their contempt by paying money, or allowing make-up parenting time; the court may order almost anything which is designed to make the person comply in the future. The court may even put the contemnor in jail. However, any remedial sanctions must be such that the person has the ability to purge the contempt, so, for example, someone who is in jail for contempt of court may release him- or herself at any time by letting the judge know that he or she will comply with court orders again. Only the district attorney may bring an action for “punitive” contempt, seeking to punish a person for action already completed.
 

When you are served with papers alleging that you are in contempt of court, it’s important to take these allegations seriously. Discuss the situation with an attorney as soon as possible. You will likely want to take action to defend yourself, repair the damage, or both as the consequences of being found in contempt of court can be severe. No judge in any state is likely to be pleased with someone who has been found to have willfully disregarded a known court order – even once. If the other party says you are in contempt of court, but compliance with the court order was impossible for some reason, that fact constitutes an “affirmative defense.” You will need to file papers with the court to let the other party and the judge know this.