When it takes time to secure a custody order that works for your child, you hope it goes as smoothly as possible. But what happens when your co-parent decides those rules don’t apply to them?
A co-parent can defy a custody or visitation schedule and make sharing parental responsibility frustrating. In Oklahoma, the primary legal mechanism to address the willful disobedience of a court order is a “Contempt of Court” proceeding. Thus, it is essential to understand the remedies the court can use to protect your child’s rights.
Contempt in custody
Indirect contempt is a violation outside the immediate presence of the judge. To hold your co-parent in contempt, you must prove three things:
- A clear order was in place
- The co-parent knew about the order
- The co-parent willfully disobeyed the order
If the judge finds your co-parent in contempt, they have several remedies to compel compliance. Additionally, your co-parent can face legal consequences for the disobedience.
Remedies of Oklahoma courts
Oklahoma family courts possess broad statutory authority to compel compliance and remedy visitation interference. Here are two examples that happen in custody cases of contempt of court:
- Makeup parenting time: One of the most common remedies is awarding you additional time with your child to compensate for missed visits. For example, say your co-parent denied you three weekends. The court may grant you three additional weekends or extra time during holidays or summer break.
- Monetary sanctions: Courts can order your co-parent to pay fines to the court or compensate you for expenses incurred due to their violation. These financial penalties serve both as punishment and deterrent.
Depending on the nature of your co-parent’s violation, Oklahoma courts can even impose jail sentences for contempt. This remedy is more common when other sanctions have failed to achieve compliance.
Moving forward
Finally, contempt proceedings focus on enforcement, not punishment for its own sake. Oklahoma courts prioritize your child’s best interests and stable relationships with both parents. However, when one parent consistently disregards court orders, intervention becomes necessary to protect your parental rights and your child’s welfare.
If you are facing repeated violations of your custody order, consult with an experienced Oklahoma family law professional. They can evaluate your situation and help you pursue appropriate remedies through the court system.