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 Arkansas, if a parent does not comply with a court-issued child custody order, the other parent has the right to file a motion for contempt. This legal action is taken to address the non-compliance and to seek enforcement of the order. The motion for contempt indicates that the non-compliant parent is disregarding the authority of the court. Consequences for failing to follow the custody order can be significant. They may include a change in custody arrangements, being ordered to pay the other parent's attorney fees and costs associated with filing the motion, and potentially coercive civil contempt measures. In cases where there is repeated non-compliance, the court may consider imposing criminal contempt sanctions, which can include jail time. The specific outcomes will depend on the circumstances of the case and the court's determination of what is necessary to ensure compliance and serve the best interests of the child.