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Child custody

violation of custody orders

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 Delaware, 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-compliant parent's disregard for the court's authority. The consequences of such non-compliance can be significant. The court may order the non-compliant parent to pay the attorney fees and costs incurred by the other parent in bringing the motion for contempt. This is known as coercive civil contempt, which aims to compel the non-compliant parent to follow the court's orders. Additionally, in cases where there is repeated non-compliance, the court has the authority to impose harsher penalties, including jail time, under criminal contempt. This serves as a punitive measure to enforce the court's orders and ensure adherence to the custody arrangement.

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Child custody

violation of custody orders

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Child custody

violation of custody orders

Articles