Can a Parent Be Held in Contempt for Repeatedly Violating a New York Custody Order?

A New York custody arrangement is not just a suggestion about how to divide your time with your child. Once a judge decides on custody and visitation, both parties should follow those guidelines. However, if one party does not cooperate, the other parent may have legal options. These can include charging the non-compliant party with contempt of court.

Yet every situation is unique, and not every violation equals contempt.

What constitutes a custody order violation?

You can violate a court order in various ways. For example, a parent could persistently refuse to surrender the child for parenting time, return the child late, prevent communication by phone or internet, or disregard certain conditions of the custody agreement set forth in the order.

As stated by New York Courts, when one party fails to comply with the court’s custody or visitation order, the other party can file a petition for violations. The court would then determine the events and available remedies at a hearing.

When can a parent be held in contempt?

Contempt is a very serious sanction imposed on a person who violates the terms of a custody order. The Family Court Act of New York provides that laws related to civil and criminal contempt apply to Family Court proceedings. Thus, violating the terms of a Family Court order instructing someone to do or not do something can subject a person to sanctions under New York contempt laws.

On the other hand, Judiciary Law § 753 grants courts the power to punish certain types of disobedience of a court order. Possible sanctions include fines and, in some cases, imprisonment.

The difference between accidental non-compliance and intentional interference can be very significant here.

What other consequences are possible?

Contempt is only one possible remedy. New York courts note that after a hearing on interference with a court-ordered custody or visitation order, the judge may alter the order or impose punitive measures.

Repeated violations can therefore affect the custody order itself. As court guidance in New York State noted, consequences can include an increase or decrease in parenting time, as well as a change in custody in some cases.

The issue of attorney’s fees may also arise. In a 2025 New York custody case involving willful violations of court orders, the court stated that Domestic Relations Law § 237(b) allows the court to award counsel fees in custody cases at its discretion.

Documenting custody violations

Parents having problems with the enforcement process may want to keep good records. Texts, emails, app communications, and any record of missed communications can go a long way toward proving what happened.

It is important to remember that visitation and custody are not the same thing as child support. In most cases, one parent can’t refuse visitation just because the other parent hasn’t paid up.

Talk to a Rockland County, NY, Child Custody Attorney Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County parents who are embroiled in a custody dispute. Call our Rockland County family lawyers today to schedule an appointment, and we can begin reviewing your situation right away.