Skip to main content

I have my first contempt hearing coming up what happens when the mother gets held in contempt.

Kent, WA |

the mom never came to court even when I filed the temp parenting plan I haven't seen my son since I filed the motion and she changed her number as well as she isn't going to be at the contempt hearing

+ Read More

Attorney answers 4


That answer will depend upon the judge.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.


If you can prove that you properly served her, she will be held in contempt of court and possibly a bench warrant will be issued for her arrest.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements



She currently has a bench warrant for her arrest


If the mom no shows at the contempt hearing it's likely the court will find her in contempt and grant the relief you have requested. See my AVVO Legal Guides about contempt and custody hearings for a possible explanation of the legal issues raised by your question. To find my Legal Guides, go to my AVVO home page by clicking on my photo; scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes


If this is in the RJC in Kent, then a prediction of your eventual result depends on the facts dating back to when your son was born, who the commissioner is that day, and what relief is ordered. Often, the first hearing results in "nothing exciting" as the person will ask for a continuance and the matter will be re-set 14 days further out. However, if you are successful (the court holds the mother in contempt), then you will want to ask for make-up time and purging conditions, such that the mom remains in contempt unless she does a, b, and c... (for example).