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What are the steps in a Contempt of Court action? We file an application for a contempt citation, including the facts supporting the application, with the Clerk of Court, and serve it on the person ordered to pay support. The court holds a hearing to decide whether the violation of the support order is willful.
Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
Law enforcement will not usually get involved in custody or visitation disputes between parents unless; There is a court order to enforce.
There is no set age for when a judge will take a child's preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.
The consequences of contempt may include both civil and criminal penalties, including fines, paying attorneys fees, or even jail time. You should contact an attorney as soon as you believe your ex-spouse is willfully violating the court order.