If a parent fails to follow the court’s child custody order, the other party may file a motion for contempt to bring the issue before the court.
A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s order. Ignoring the court’s order will have serious potential consequences, including loss of custody and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt).
And in some cases of repeated failures to comply with the custody order, the court may punish the uncooperative parent with jail time (criminal contempt).
In Louisiana, when a parent does not comply with a court-issued child custody order, the other parent has the right to file a motion for contempt. This legal action is taken to address the non-compliance and to seek enforcement of the order. The motion for contempt indicates that the non-compliant parent is disregarding the authority of the court. Consequences for failing to follow the custody order can be severe, including the possibility of losing custody rights and being required to pay the legal fees and costs incurred by the other parent in bringing the motion. This is known as coercive civil contempt, which aims to compel compliance with the court's order. In more severe cases, particularly with repeated non-compliance, the court may impose criminal contempt sanctions, which can include jail time. The purpose of these penalties is to ensure adherence to the custody arrangement as determined by the court and to uphold the legal process.