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 Montana, if a parent does not adhere to a court-issued child custody order, the other parent has the right to file a motion for contempt to address the violation with the court. This motion is predicated on the idea that the non-compliant parent is showing contempt for the authority of the court by disregarding its order. The consequences of such non-compliance can be severe. The court may order the non-compliant parent to pay the attorney fees and costs incurred by the other parent in filing the motion for contempt. This is known as coercive civil contempt, which aims to compel the non-compliant parent to follow the court's order. Additionally, in cases where there is a pattern of repeated non-compliance, the court has the authority to impose criminal contempt sanctions, which can include jail time. This serves as a punitive measure to deter the parent from further violations of the custody order.