What Does Contempt of Court Mean in Child Custody

Implications of Ignoring Custody Orders

This article explains what contempt of court means in child custody cases. It covers what happens when a parent does not follow a court order. You will also learn how courts in Mississippi handle these situations and what to expect.

What Does Contempt of Court Mean in Mississippi Child Custody Cases?

This refers to a situation where a parent fails to follow a valid custody order issued by a judge dealing with child custody or visitation periods previously ordered. In Mississippi, these orders are enforced through chancery courts, which have authority over family law matters.

Under Mississippi Code § 93-5-23, courts have the power to enforce custody and visitation orders and address violations. A parent may be guilty if:

• They knew about the court order
• The order was valid and in effect
• They did not comply with its terms

Courts look for willful disobedience. This means the parent had the ability to follow the order but chose not to. A parent’s personal reasons or disagreements can not change a court order. The order remains binding unless a judge changes it.

Contempt proceedings are used to protect the child’s stability. Custody orders set clear expectations for parenting time and decision-making. When those terms are ignored, it can disrupt routines and create conflict. 

Common Situations That May Lead to Contempt

Contempt is common in contested child custody cases, especially when parents disagree about how to follow an order. In Mississippi, judges have authority under Mississippi law to enforce custody orders and address violations. These violations may include the following:

Missed or Blocked Visitation

If one parent prevents the other from exercising court-ordered visitation or returning a child to the custodial parent, it may constitute contempt. Courts expect both parents to follow the schedule exactly as written.

For example, if a custodial parent refuses weekend visits or repeatedly cancels exchanges without court approval, the other parent may raise the issue in court. 

Under Mississippi law, judges can enforce visitation terms and take steps to address repeated interference. Even if both parents do not agree, they have to obey the court order.

Failure to Follow Decision-Making Rules

Some custody orders require parents to share decision-making on major issues. This can include issues like education, healthcare, or religious upbringing. Ignoring these requirements may also lead to contempt proceedings.

For example, enrolling a child in a new school or approving medical treatment without informing the other parent may violate joint custody terms. Courts expect cooperation when joint legal custody is in place. 

If one parent consistently acts alone, the court may step in to clarify decision-making responsibilities. In extreme cases, they might enforce the order. 

How Contempt of Court Is Handled in Child Custody Cases

When a custody order is not followed, the court has a process to review the situation and decide what action is appropriate. In Mississippi, chancery courts handle these matters and rely on their authority under Mississippi Code § 93-5-23 to enforce and address violations of custody orders.

Filing a Motion for Contempt

A parent begins the process by filing a motion for contempt with the court. This document explains what part of the custody order was violated and how it happened.

The filing typically includes:

• A copy of the existing custody order
• A description of the violations

The purpose is to show that a valid order exists and that it was not followed. In many cases, the focus is on whether the other parent could have complied but chose not to.

Court Review and Hearing

After the motion is filed, the court schedules a hearing. Both parents have the opportunity to present their side. This may include witness testimony or evidence.

The judge will review:

• Whether the custody order is clear and enforceable
• Whether a violation actually occurred
• Whether the violation was willful

The court may also consider any explanations, such as emergencies or misunderstandings, as these may excuse noncompliance.

Court Determination

If the judge finds that contempt occurred, the court may issue orders to address the violation. These are meant to enforce compliance and maintain the child’s stability.

Depending on the facts, the court may:

• Require the parent to follow the order moving forward
• Grant make-up parenting time
• Impose financial penalties or other conditions
• In severe cases incarceration may be ordered
• Require the payment of attorney fees and court cost incurred to enforce the Court’s order

Generally, the timelines for all of these depend on the case. Simpler cases may move faster, while disputes involving multiple violations or conflicting evidence may take longer.

Evidence Commonly Used in Contempt Cases

Clear and organized evidence plays an important role in contempt proceedings. The court relies on documentation to determine whether a custody order was violated and whether the violation was willful.

Common forms of evidence include:

• Text messages or emails showing communication between parents
• Parenting schedules that outline agreed visitation times
• Signed court orders establishing custody terms
• Witness statements from individuals who observed exchanges or issues
• Logs or records of missed visits or denied parenting time

For example, a pattern of unanswered messages or repeated last-minute cancellations may help show noncompliance. 

Courts review both the existence of a violation and the context surrounding it. Consistent documentation can make it easier for the court to understand what happened and apply the law appropriately.

When to Seek Legal Guidance

Contempt proceedings can involve procedural steps and legal standards that may not be immediately clear. Carefully reviewing your situation can help you decide how to move forward.

You may consider seeking legal guidance if:

• You believe a Mississippi custody and visitation order has been violated
• You have been accused of not following an order
• You are unsure whether a specific action qualifies as a violation

Understanding how courts apply laws can help you prepare for the process and respond appropriately.

If you have questions about your situation, you can also reach out to our lawyers for additional information. The Law Offices of Mel Coxwell provides general information on custody enforcement and related family law topics.

Frequently Asked Questions

What qualifies as contempt in a custody case?

Contempt occurs when a parent knowingly disobeys a valid court order related to custody, visitation, or decision-making responsibilities.

Can a custody order be changed instead of enforced?

Yes. If circumstances have changed, a parent may request a modification of the order. Until a judge changes it, the current order must still be followed.

Do both parents need to agree before filing contempt?

No. A single parent can file a motion for contempt if they believe the other parent has violated the order.

What court handles these cases in Mississippi?

Chancery courts handle custody and contempt matters under Mississippi’s family law jurisdiction.