Select your state

Child custody

violation of custody orders

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 York, 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 of court. This legal action is taken to address the non-compliance and to seek enforcement of the order. The court views a contempt motion seriously as it represents a disregard for the court's authority. Consequences for the parent found in contempt can be severe and may include a modification of 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 goal of these penalties is to compel the non-compliant parent to follow the court's orders and to uphold the best interests of the child or children involved.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child custody

violation of custody orders

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Articles

Child custody

violation of custody orders