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Divorce and Family Law

Can you hold your child’s other parent in contempt?

On Behalf of | Jul 13, 2021 | Child Custody

You might think that your child custody dispute is resolved when the court issues an order, but that isn’t necessarily the case. In fact, many parents in Michigan quickly discover that their child’s other parent refuses to abide by the court’s order. If you’re in this situation, then you know that such actions or inactions can affect the amount of time you spend with your child which, in turn, can have a negative impact on your relationship with your child.

What can you do to obtain adherence to your child custody order?

The best way to enforce your child custody order is to file a motion for rule to show cause. This motion essentially asks the court to set a hearing and compel the other side to appear and show why it shouldn’t be held in contempt of court. In this motion, you’ll have to assert specific facts that demonstrate which specific court order was violated, when it was violated, and how it was violated. You’ll also want to be armed with evidence when you get to your hearing.

What happens if your child’s other parent is found to be in contempt?

The penalties for contempt can vary greatly. However, most contempt penalties involve a fine or jail time. Even if a court is unwilling to take a contempt finding that far, the process can still scare the other parent into compliance. You might also be able to use the contempt finding to seek a modification to the existing court order.

Stand up for your relationship with your children

Don’t let your child’s other parent run you over when it comes to your child custody order. Instead, consider standing up for yourself and your child to fight for an outcome that is fair. This, of course, may require legal action, but we know that you’ll take the steps that are best for you and your child.