Most people have no idea the extent of the court’s power to enforce its court orders in a divorce case or other family law proceeding.  If a court finds that a party has willfully violated a court order such as child custody or visitation orders, the other parent may bring a contempt proceeding to enforce the court’s order.  Where one parent is intentionally interfering with the visitation and contact with the minor children by the other parent, the court in a contempt action will often order the party that is interfering with the visitation of the other parent to pay the moving party’s attorney fees.

Our Fort Lauderdale divorce attorneys frequently provide notice and written request for compliance to the other parent when they are interfering with custody or visitation orders.  If the other party refuses to comply with this request, then we may file a petition for contempt.

An even more effective weapon is available to a Broward County family court when a parent refuses to comply with custody or visitation orders.  A Florida family law court may impose jail time for failure to comply with the court’s orders regarding custody and visitation.  The case of Fishman v. Fishman, 656 So. 2d 1250 (Fla. 1995) provides a good example of how refusal to comply with visitation orders can result in being confined in jail.

In Fishman, the court found a parent in contempt of court for failure to pay attorney fees ordered because of the parent’s failure to abide by the court’s visitation orders.  The court ordered the parent to comply within five days or be incarcerated.  The parent awarded custody faced a petition filed for contempt.  The custodial parent was found to have violated the court’s order requiring free and open communication between the other parent and the child.

The court found that Fla. Const. Art. I 11 prohibited imprisonment for debt, but the use of civil contempt powers for the enforcement of visitation was appropriate, along with the award of attorney fees incurred in enforcing visitation where the party to be held in contempt had the present ability to comply and purge the contempt.

The point to take from this case is that where a former spouse has willfully violated an attorney fees’ order incurred in enforcing visitation and has the present ability to pay the purge amount required to avoid incarceration, the power of contempt including imposition of jail time is available as a remedy to enforce compliance with the court’s orders.

The Fort Lauderdale  divorce attorneys at Eric N. Klein & Associates, P.A. represents clients in child custody and visitation cases throughout Florida including divorce and paternity matters. If the other parent refuses to comply with custody or visitation orders in your case, we will try to reach an agreement to resolve the matter amicably. If the other parent still refuses to comply, we may file for contempt to force the other parent to comply with visitation and custody orders so contact us today at (954) 580-8080.