We recently talked about why you should not violate a parenting plan, and that giving importance to a court order is of utmost importance.
And while it is true, there are still many cases where court orders are not followed. Parties who fail to follow an order of the court may be held in contempt. Contempt is the most common remedy for violation of almost any family law order, such as for child support, parenting plan, etc.
Can I File For Contempt Against The Other Parent?
You can file a motion for contempt. But before you do, here are the things you need to have:
There must be an order. The court order can either be temporary or final and filed with the court.
Clear Violation. There must be a clear violation of the court order issued. This will be the basis of the contempt filed.
Lack of valid excuse. Did not comply? Why? The responding party must have a valid reason or excuse why he/she did not comply with the court order.
We can help you further if you have more questions about these. Should you want to file a contempt, we can help you with that as well. Call us to learn more at (360) 249-6174.
What Happens If I Am Held In Contempt?
If being held in contempt of court for the first time for not following parenting plan, this usually leads to a fine of attorney fees, court sanctions, and make-up parenting time if parenting time is lost. Worst, this violation (including but not limited to child custody or spousal support) could lead to both prison time and a fine for being held in civil contempt.
What Is Civil Contempt?
A civil contempt is intended to force the non-compliant parent to comply with the issued court order. However, if required, the court could technically imprison an individual until they comply. Refusal to return child to other parent or other extreme reasons could really allow the court to do what it takes to coerce compliance with the orders.
Soriano Law has been creating parenting plans with our clients for years now. We listen, and with our experience and competence, we try our best to provide the best solution. Call us now if you have questions or concerns about your parenting plan or contempt at (360) 249-6174.