This article is part 1 of a 4 part series on contempt in Ohio Family Law. Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist. She is one of approximately 100 such specialists in Ohio.
While it’s true that life happens when you least expect it, and things arise that prevent the other parent from meeting their obligations, that is not always the case. Unfortunately, sometimes people do not obey court orders simply because the don’t want to. If you experience one or more instances where you are deliberately denied your parenting time, you have the option to file a motion asking the court to hold the other parent in contempt. Some people refer to this as “filing contempt charges”.
To some extent, it may be an accurate description to describe contempt of court as a “charge” because one of the penalties available to the court is to put the other parent in jail for a period of time. If a parent is found to be in contempt of court, the court may also require make-up time, consider modifying parenting orders, fine the party found in contempt, and award attorney fees. In fact, ORC 3109.051(K) , requires that a court who finds a person in contempt of a parenting, companionship or visitation order must:
…in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt, and may award reasonable compensatory parenting time or visitation to the person whose right of parenting time or visitation was affected by the failure or interference if such compensatory parenting time or visitation is in the best interest of the child.
Sometimes, when people do not want to comply with a court’s order, they mistakenly believe that if they file a motion to change the order, and their motion is granted, they may later be excused from their non-compliance while their motion is pending. The law is two steps ahead of this behavior. Ohio Revised Code 2705.031 provides that a court:
…shall have jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a parenting time or visitation order or decree and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree no longer is in effect.
This means that if the parent ultimately wins the motion they filed to change the parenting order, they court may still find them in contempt of court for their violations while their motion was pending.
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contempt attorneys, call us now at 614-225-9316.
To read more about contempt, see these articles from our website.
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How about some tips for if your being falsely accoused? My sons mother and I have had a shared parenting agreement for 2 years now. I have him during the week she has him weekends and holidays. In the shared parenting agreement its stated that she is responsable for picking him up and dropping him off. For the last 2 years she has rarely ever seen him. Maybe 1 time a month if that. Currently she has not seen him for 4 months. She also moves every 6 months and moved out of state for a few months. She is now taking me to court saying that I refuse her visitation. When in reality she has never made an effort. This is just a jab at me because a month ago I told her that the way she has abandoned the child is horrible. So what does an innocent person do to defend himself against a false report?
I live in Ohio. For the last six years of my son’s divorce his ex has refused to follow all court ordered documents. We have piles of contempt charges and have spent quite a bit in lawyers fees. Court dates keep getting changed and she moves when she’s not suppose to which causes courts to them argue over which county should hear the case so it has lingered on and on. Here we are in our 6th year. She’s moving again against court orders. Its been 6 years and now she is worse than ever. Soccer has been her excuse to keep her from us when she herself doesn’t attend the games. She sends our granddaughter off to others homes while she runs around doing her own thing. Just uses the child as a pawn. The ex’s own family contacted us and said they were sorry to hide the child from us when we came to pick her up. Nothing in the custody court system has been done to help this child only aids in assisting the mother to take our her revenge on all family members that don’t give her what she demands. Which is how this whole ordeal began. The courts are allowing her to throw her tantrums. We paid for a guardian in hopes to end all her games and with all the evidence against her you would think its a open and shut case but they make excuses for her. No one is thinking of what she is doing to this child! Clearly, some changes need to be made. This should not have been allowed to go on this long. Its clear as day who is following court orders and who isn’t.
After a long divorce and almost 2 years of not seeing my kids. I was finally given visitation. We agreed in a parenting plan that only has been in effect since May 2011. As ordered I provided dates for my 4 weeks visitaion 45 days in advance. immediately I was told that I would have to have my son in day care. even thou I have the time off to spend with my son. After spending 10 days finding a daycare that would accept my son on a week by week basis and one that I felt was suitable. I provided her the information and then refused to pay the daycare. and quickly dropped the requirement. there is no provisions in the parenting plan for that. So a week before the visitation was to take place she sent me a text that her vacation was rescheduled to one of the weeks i have requested well in advance. So once again I scrabbled around and change my plans and reservations. I offered to take my son a week eirier than planned. Finally the day before the visitaion she decided to tell me the dates I requested would take from her weekend. She called her attorney and stated she was not going to allow the visitation as scheduled. So once again I have cancelled my visitaion. I contacted my attorney and asked what can be done. She has continued to use visitations as a weapon and opportunity to verbally abuse me. She refuses to leave the two older kids out of the issues between us. there really is not one part of the parenting plan she has followed. I am tired of being denied acsess to my kids. I hate not being part of there lives. But I refuse to make a scene if front of my kids. Any advise
Can shared parenting plans be revised if the non-residential parents traveling (for work) schedule has changed significantly and isn’t even addressed in the plan. He worked out of town a lot and there is not exception to make up time so he lost a lot! Is there anyway we can get an amendment?
what are the cost to file a comtempt of court