As for the process, this too, is relatively straight forward.   First, let me begin with a word of caution.  A Complaint for Contempt is an important vehicle in the family court to ensure that all parties comply with an order.  That said, the court’s time is incredibly valuable and you should considering pursuing a contempt in those instances of when a party repeatedly disobeys an order.  I would not recommend filing a contempt if your spouse is five minutes late one time bringing the children back.  However, if he or she is repeatedly late then this is likely an appropriate use of a contempt filing.

Once a party has disobeyed the court order the first step in the process is filing the complaint for contempt.  Like in most legal matters, I strongly recommend you find an attorney to help you through the process.  Once the complaint for contempt has been filed the court provides you with a summons.  The summons must be served on the opposing party (the party that has disobeyed they court orders).  The court will assign a date for hearing the contempt complaint.

On the date of the hearing the judge has a wide variety of options in dealing with the contempt from less severe, ordering the party to obey again, to very severe, community service or jail time.  Attorneys pursuing a contempt also often pursue attorneys’ fees and costs associated with bringing the complaint for contempt.  After all, the breaching party caused unnecessary cost and lost time.

One strategy I sometimes recommend to my clients while pursuing a contempt is also to pursue a modification.  A party’s repeated diversion from a court order, stipulation, or agreement may be an indication that the status quo isn’t working and that new “rules” need to be made.  I always stress to my clients the need for efficiency.  Courts are busy, attorneys cost money, so why not make full use out of your time instead of every few months hiring an attorney and going to courts.