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 New Hampshire, 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 motion is a formal declaration that the non-compliant parent is disregarding the court's authority and the terms of the custody arrangement. The consequences of such contempt 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. Additionally, the court may modify the existing custody arrangement, which could result in a reduction or loss of custody rights for the non-compliant parent. In extreme cases, where there is repeated non-compliance, the court has the authority to impose jail time as a form of criminal contempt. This is to ensure compliance with the custody order and to uphold the authority of the court.