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 Vermont, 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 in contempt of the court's authority, as they have failed to follow the legally binding custody arrangement. The consequences of such non-compliance 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 order, which could result in a reduction or loss of custody rights for the non-compliant parent. In extreme cases, where there is repeated disregard for the custody order, the court may impose criminal penalties, including jail time, to enforce compliance. This is known as criminal contempt and is used to address persistent non-compliance with court orders.