Custody Order Violations and Contempt in Pennsylvania

Congratulations, you have finally reached the end of your child custody litigation and have an order of the court in place!  The level of conflict will de-escalate, and both sides will now go about their daily lives dutifully following the terms of the order, right? Well, maybe not. Let’s face it: for parents with complex interpersonal dynamics that require a formal court custody order in the first place, the reality is that one or both parties often run afoul of the custody order at some point after it’s enacted. Depending on the circumstances, a parent’s failure to comply with the terms of a custody order can result in serious consequences, rather than simple inconvenience.  Pennsylvania law provides specific procedures for holding a parent in contempt of court for violating custody orders, and understanding how this works is critical for parents navigating disputes.

What Constitutes a Violation of a Custody Order?

First, it is important to understand how the law defines a violation of a custody order. Custody contempt occurs when a parent willfully fails to comply with a court order. For contempt, the key word is willful: the court must find that the parent knew or should have known of the terms of the Order and intentionally disobeyed it.

Common examples of custody order violations include:

• Refusing or failing to allow scheduled visitation with the other parent.
• Withholding the child or refusing to return the child at the proper time. 
• Failing or refusing to permit the non-custodial parent to have telephone or video calls.
• Not following communication protocols set by the order (e.g., use of a specific app or method).
• Making major decisions (educational, medical, etc.) without required notice or consultation under shared legal custody. 

Conversely, courts will not find contempt if a parent did not have the ability to comply due to circumstances beyond their control. If a parent fails to strictly follow the order as a result of a medical emergency (suffered by the parent or the child), severe weather, or a transportation breakdown, it will not ordinarily result in a finding of contempt.  However, the burden is on the breaching parent to show this defense.

How Is a Custody Contempt Enforced?

If one parent believes the other has violated a custody order, the typical legal avenue is to file a petition for contempt with the court that issued the original custody order. The court ordinarily schedules an evidentiary hearing at which the filing party must provide credible evidence that the terms of the order were violated. When pursuing a contempt petition, it is important to document specific instances of non-compliance including dates, times, and descriptions of the incidents. Detailed records are far more persuasive than general allegations that the offending parent ignored the order of court. 

Consequences of Contempt

If after a hearing, the Court finds a parent willfully disobeyed a custody order, Pennsylvania law permits a range of sanctions designed to enforce compliance and protect the child’s best interests.

Potential sanctions include:

• make-up custody time,
• fines,
• attorney’s fees and costs,
• probation, and even
• jail time, although incarceration for custody contempt is very rare. 

Perhaps the most important consequence of being found in contempt is the implication it may have on future custody proceedings. If the non-offending parent decides to file a Petition for Modification simultaneously with or following the contempt petition, the prior finding of contempt could result in the Court’s decreasing the amount of parenting time the offending parent receives. 

Conclusion

If you’re dealing with a co-parent that may have violated the terms of your custody order,  please consult with one of our experienced family law attorneys. The contempt process requires careful documentation, proper filing, and often legal guidance to navigate effectively. As discussed above, enforcing or defending against contempt can have lasting legal and personal consequences. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.