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 Mexico, 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 of court. 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 and its order. Consequences for failing to follow the custody order can be significant. They 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 other penalties deemed appropriate by the court. In cases where there is a repeated disregard for the custody order, the court may impose harsher penalties, such as jail time, under criminal contempt. This is to ensure that court orders are taken seriously and followed accordingly.