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 Indiana, when 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, the imposition of fines, and the requirement for the non-compliant parent to cover the attorney fees and costs 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. This is to ensure that court orders are taken seriously and followed accordingly.