If a parent fails to follow the court’s child custody order, the other party may file a motion for contempt to bring the issue before the court.
A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s order. Ignoring the court’s order will have serious potential consequences, including loss of custody and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt).
And in some cases of repeated failures to comply with the custody order, the court may punish the uncooperative parent with jail time (criminal contempt).
In Alabama, if a parent does not adhere to the court's child custody order, the other parent has the right to file a motion for contempt to address the violation with the court. This motion is predicated on the idea that the non-compliant parent is showing contempt for the authority of the court by disregarding its order. The consequences of such non-compliance can be severe. The court may order the non-compliant parent to lose custody rights, pay for the other parent's attorney fees, and cover the costs associated with filing the motion for contempt. This is known as coercive civil contempt, which aims to compel compliance with the court's order. In instances where there is repeated non-compliance, the court may escalate the matter to criminal contempt, which can result in jail time for the uncooperative parent. The court's primary concern is the best interest of the child, and it has the authority to enforce its orders to ensure that the child's needs and welfare are met.