If you are in contempt of court for failing to follow a child custody order, you may be subject to various penalties. Some cases can include fines, community service, and even jail time. In addition, the court may demand changes to the custody arrangement to enforce the order.
What are the Types of Contempt of Court?
There are generally two types of contempt of court: civil and criminal. Civil contempt occurs when someone disobeys a court order, while criminal contempt occurs when someone somehow disrupts the proceedings or disrespects the court.
In the context of child custody, contempt of court can occur if a parent fails to follow a custody order or visitation schedule.
What are the Grounds for Contempt of Court?
The ground of contempt of court is as follows:
- You were filled with a copy of the order and could comply with it. You knew about the order and its requirements, and You willfully disobeyed it.
- You could be controlled in contempt of court even if you did not intend to disobey the order. For example, if you were ordered to pay child support and failed to do so, you can be kept in contempt of court even if you did not mean to disobey the order.
- You try to make the excuse that you could not follow the order; the court will not likely be sympathetic. The court may find that you were not diligent in trying to comply with the order or did not make a reasonable faith effort to follow it.
What are the Potential Penalties for Contempt of Court?
Contempt of court sanctions can vary based on the severity of the violation and the jurisdiction in which the case is heard.
In contempt of court, you may be subject to any of the following penalties:
- Fines: The court may instruct you to pay a fine for contempt of court.
- Community service: The court may require you to perform a certain number of hours of community service as punishment for contempt of court.
- Order court-supervised or unsupervised visitation: The court may order that your visitation with your child be supervised by another adult, such as a relative or friend. The court may also request that your visitation be unsupervised if it believes you will follow the visitation schedule.
- Parenting Class: The court may require you to take a parenting class as part of your punishment for contempt of court.
- Order Counseling: The court may order you to participate in counselling as part of your punishment for contempt of court.
- Make-up time: The court may order that you make up the time you missed with your child if you were found in contempt of court for failing to follow a visitation schedule.
- Jail time: In some cases, the court may order you to serve time in jail as punishment for contempt of court. This is typically reserved for more severe offenses or cases where the defendant has a history of contempt of court.
- Changes to custody arrangement: The court may change the custody arrangement to enforce the order. This could involve changing the primary custodial parent, changing the visitation schedule, or ordering make-up for missed visits.
What is the Process for Contempt of Court?
If you are charged with contempt of court, the procedure will differ based on the jurisdiction where your case is heard. In other instances, you may be able to resolve the matter without going to court. For example, if you failed to make a child support payment, you may be able to work a payment plan with the other parent without going to court.
If you cannot resolve the matter out of court, you will likely have to be available in front of a judge to tell why you disobeyed the order. The other parent will also have an opportunity to present evidence and witnesses. After both sides have shown their case, the judge will make a ruling. If the judge finds you in contempt of court, they will impose a penalty or other punishments.
Are there any Risks to Filing for Contempt?
There are a few risks to filing for contempt of court.
- First, the process can be time-consuming and expensive. You may have to take time off from work to attend court hearings. And you may have to hire an attorney.
- Second, there is no assurance that you will win your case. Even if you have evidence to support your claim, the judge may find that the other parent did not willfully disobey the order.
- Finally, filing for contempt of court can often worsen an already difficult situation. If you are locked in a custody battle with the other parent, filing for contempt of court may make the situation more contentious. It is vital to weigh the risks and benefits of filing for contempt of court before taking action.
Final Words
If you are facing contempt of court orders for failing to follow a child custody order, you should speak with an experienced attorney. An attorney who can help you defend against the charges and protect your rights. An attorney can help you understand the potential penalties you may be facing and work to develop a strong defense on your behalf.
Elena graduated from Loyola Law School in Los Angeles. While in law school, she interned for the ACLU of Southern California. After graduation, Elena worked as a civil rights attorney for the ACLU of Northern California. She has experience in a variety of legal fields, including family law, personal injury, and criminal defense.
She is passionate about fighting for the rights of all people. She believes that everyone deserves to be treated fairly and with respect. All the possible efforts are being done by her to ensure that everyone has access to justice.