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If your child's other parent is willfully violating the custody order, you can force them to comply with the order by filing a motion for child custody contempt. This motion requests the court to schedule a hearing in which the noncompliant parent would need to explain and justify their non-compliance.
The Process of Filing for Contempt The motion explains to the court what the order that has been violated states, and how the other party is violating the order. The motion asks the court to order the other party to appear in court and show cause why he or she should not be punished for disobeying the court's order.
Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations. The defendant responds by filing an answer. The answer may contain defenses against the contempt action.
(2) For a second offense, a fine of not more than five hundred dollars, a definite term of imprisonment of not more than sixty days in jail, or both; (3) For a third or subsequent offense, a fine of not more than one thousand dollars, a definite term of imprisonment of not more than ninety days in jail, or both.
You must explain what the other party has failed to do. This form must be signed before a notary public and a copy must be furnished to the other party by mail, fax and mail, or hand delivery. If you want to be sure of service, the motion should be personally served by a sheriff or process server.