Can I file a contempt of court motion of visitation in North Carolina?

Asked over 1 year ago - Farmville, NC

Ten years ago my ex-wife and I agreed to joint custody. About 6 years ago the mother and daughter both moved about 1.5 hours away. As the daughter has gotten older the mother has made it a point to keep her busy with social and extra-curricular activities, which creates visitation issues for me. In addition the scheduling of my time with my daughter is interferred with plans of their own and in violation of agreed to Child Custody agreement. Can I file a motion of contempt to this?

Attorney answers (1)

  1. John B. Crotts

    Contributor Level 3

    3

    Lawyers agree

    Answered . Yes. You can file a motion for contempt or a motion for show cause. If one party is clearly violating something in a court order, they can be held in criminal or civil contempt by the court and subject to fines or imprisonment. The procedure for doing this can be complex and you would be best served by retaining a local attorney to have a show cause order issued by a judge. This way if the other party does not show up on the scheduled court date, they can be arrested for violating the show cause order.

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