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After filing, the motion must be served to the opposing party, providing them with an opportunity to respond. The court then schedules a hearing where both parties present their arguments. Proving contempt of court requires clear and convincing evidence that the respondent has willfully violated a court order.
In order to hold the other parent in contempt of court, you will need to demonstrate clear and convincing evidence of willful disobedience. Contact a skilled attorney to help you gather sufficient evidence to file for child custody contempt in Texas.
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.
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that ...
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.