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 Idaho, 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 in court. This motion is predicated on the non-compliant parent's disregard for the court's mandate. Consequences for failing to follow the custody order can be severe, including the possibility of losing custody rights and being ordered to pay the legal fees and costs incurred by the other parent in bringing the motion for contempt, which is known as coercive civil contempt. Additionally, in instances where there is a pattern of non-compliance with the custody order, the court may impose criminal penalties on the non-cooperative parent, which could include jail time. This is referred to as criminal contempt. The specific outcomes will depend on the circumstances of each case and the discretion of the court.