In child custody cases, a Judge or Commissioner can hold a person in contempt of court for failure to comply with or interference with a parenting time or visitation order. There are numerous penalties that can be imposed, such as jail time, fines, awards of court costs and /or attorney fees to the aggrieved party, and an order for make-up parenting time. In addition, that denial of time and willingness to obey the orders are relevant factors the Judge or Commissioner must consider when determining what is in the best interest of the child. Continuous and willful denial of the ordered time is a factor which may be found to be a change of circumstances, and the Judge may find that it is in the best interest of the child to change the residential parent or school placement parent. FINES The court can impose the following fines:
JAIL TIME In addition to all the other penalties, if a person is found in violation of or to have interfered with parenting time or visitation the Judge can sentence the person who is in contempt of court to jail time as follows:
COURT COSTS If a court finds that a person is in contempt of a custody or visitation order, the Judge or Commissioner can charge all court costs arising out of the contempt proceeding against the person in contempt. ATTORNEY FEES If a court finds that a person is in contempt of the orders regarding time with the child, the Judge or Commissioner can order the person in contempt to pay “any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt”. MAKE-UP TIME Pursuant to a court has the authority to, but is not required to, order make-up time for the parenting time missed as a result of the acts of contempt. Generally, if holiday parenting time was missed, then similar or identical holiday parenting time is what the court will require to be made up. For example, if you plan to keep the child for Christmas this year, in violation of the Judge or Commissioner’s order, then chances are good you will not see your child on Christmas next year, and possibly for the next two years. CHANGING THE CUSTODY OR VISITATION ORDER If a person is found to be in contempt of an existing order, the Judge or Commissioner may find the parent’s willful disregard of the orders to be a change in circumstance, and may find that it is in the best interest of the child to change which parent is the residential parent or school placement parent. The Judge or Commissioner does not do this on it’s own, but if the other parent filed a motion to change custody, or school placement parent along with his or her Motion for Contempt, the court may find that the benefit of the change outweighs the harm and give custody to the other parent. The Judge or Commissioner should also consider, among other factors, the following matters when determining what is in the best interest of the child:
The court should consider, among other factors, the following matters when determining what is in the best interest of the child:
Free Consultation with Child Custody LawyerWhen you need help with visitation time, custody, or other support issues, please call Ascent Law at (801) 676-5506. We will help you.
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