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 North Carolina, 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 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 significant. The court may order the non-compliant parent to pay the legal fees and costs incurred by the other parent in bringing 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 repeated non-compliance, the court has the authority to impose criminal contempt sanctions, which can include jail time. The purpose of criminal contempt is to punish the non-compliant parent for their disregard of the court's authority. It's important for parents to understand that North Carolina courts take violations of custody orders seriously and have various tools at their disposal to enforce compliance.