How to File for Contempt on Child Visitation Rights

Parents are expected to obey court ordered visitation.

In custody battles and divorces, some parents insist on holding visitation over the former partner's head to get something they want. Unfortunately, they do not realize how this practice hurts the child. They also may not understand how this behavior is a violation in family court for failing to obey a court ordered visitation schedule. If you have visitation rights with your child and the other parent does not adhere to the visitation schedule, you ask the court to intervene by filing a motion for contempt.

Instructions

1. Go to the family court house where your visitation was granted. This is the court that decides whether the other parent is in contempt of the order of visitation.

2. Ask the clerk for forms to file a motion for contempt. Fill in the case number, the names of the parties and the reason the other party is in contempt of the visitation order. Sign the forms in front of the clerk, who notarizes the paperwork for you.

3. Pay the filing fee. You may be eligible to waive this fee by filing an indigency form. An indigency form states that you are unable to pay the filing fee due to your income level. The clerk also gives you this form. The clerk files your paperwork and serves the other parent with a copy.

4. Show up to court on the day of your scheduled hearing to prove the other parent's contempt. You must thoroughly explain to the court how the other parent violates the visitation order, including any paper, photographic or other recorded evidence, such as a voice mail message that barred you from seeing your child on a scheduled day. If you miss the court date, the court may dismiss your case.

References

• Pine Tree Legal Assistance: Family Law: Motion for Contempt