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 Massachusetts, 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 with the court. This legal action is taken to address the non-compliant parent's disregard for the court's authority and the established custody arrangement. The consequences of being found in contempt can be significant. They may include a requirement to pay the other parent's attorney fees and costs associated with filing the motion. Additionally, the court may modify the existing custody order, potentially resulting in a loss of custody rights for the non-compliant parent. In cases where there is a pattern of repeated non-compliance, the court has the authority to impose even harsher penalties, such as jail time, under criminal contempt. This serves as a deterrent and a means to enforce the court's orders regarding child custody.