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 Texas, when a parent does not comply with a court-issued child custody order, the other parent has the right to file a motion for enforcement or a motion for contempt with the court. A motion for contempt is a legal action taken against the non-compliant parent for not following the court's orders, which is seen as disrespecting the authority of the court. The consequences of such non-compliance can be severe. The court may order the non-compliant parent to pay the attorney fees and costs incurred by the other parent in bringing the motion. Additionally, the court may modify the existing custody arrangement, potentially resulting in a loss of custody rights for the non-compliant parent. In cases of repeated violations, the court may impose criminal penalties, including jail time, to punish the disobedient parent and to compel compliance with the custody order. It's important for parents to understand that Texas courts take violations of custody orders seriously and have various means to enforce compliance.
