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 Dakota, 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 notion 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. They may include a modification of 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 for contempt. This is known as coercive civil contempt, aimed at compelling compliance with the court's order. In instances where there is a pattern of repeated non-compliance, the court may escalate the matter to criminal contempt, which can result in jail time for the non-compliant parent. It's important for parents to understand that the court takes its orders seriously and that failure to follow them can lead to significant legal and financial repercussions.