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 Jersey, 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. This legal action is taken to address the non-compliance and to seek enforcement of the order. The motion for contempt indicates that the non-compliant parent is disregarding the authority of the court. Consequences for failing to follow the custody order can be severe and may include a change in custody arrangements, being ordered to pay the other parent's attorney fees and costs associated with filing the motion, and in extreme cases, incarceration for criminal contempt. This is particularly true in instances of repeated non-compliance. The court's primary focus is the best interest of the child, and enforcement measures are taken to ensure that the child's well-being is not compromised by the parent's failure to adhere to the custody agreement.