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 Hawaii, 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 to address the violation. This motion is a formal request to the court to enforce the order and penalize the non-compliant parent for their disregard of the court's authority. The consequences of being found in contempt can be significant. They may include a change in custody arrangements, the imposition of fines, and the requirement for the non-compliant parent to pay the legal fees incurred by the other parent in bringing the motion. In cases where there is a pattern of non-compliance, the court may consider more severe penalties, such as jail time, under criminal contempt. The purpose of these penalties is both to enforce the court's orders and to compel future compliance with the custody arrangement.