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 Wisconsin, 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 to address the violation. This legal action is taken because the non-compliant parent is showing disregard for the authority of the court. The consequences of such contempt can be significant. The court may order the non-compliant parent to pay the attorney fees and costs incurred by the other parent in bringing the motion for contempt. This is known as coercive civil contempt, which aims to compel the non-compliant parent to follow the court's orders. Additionally, if a parent repeatedly fails to adhere to the custody order, the court may impose harsher penalties, including jail time, under criminal contempt. This serves as a punitive measure to enforce the court's authority and ensure compliance with its orders.