Can a parent be held in contempt of court for violating a court ordered visitation?

I was ordered to see my son on 01/03/11 from 10 to 2. However, his mother would not let me see him. What could I do to have more time with him?

Asked on January 2, 2011 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a parent could be held in contempt of court for violating court-ordered visitation.  The court could impose civil and/or criminal penalties for violation of a court order.

As for having more time with your son, you could file an Order to Show Cause (court form) on which you would request a modification of visitation.  When you file the Order to Show Cause with the court, the court will set a date for a hearing on your request for a modification of visitation.  With the Order to Show Cause, you would also file an Application for Order and Supporting Declaration.  The supporting declaration would state your reasons under penalty of perjury for a modification of visitation.  All of these documents (Order to Show Cause, Application for Order and Supporting Declaration) would be filed with the court with a proof of service.  The proof of service verifies the date of mailing these documents to your ex-wife.  The date you sign the proof of service should be the same date as the date of mailing and the same date you file it with the court.  You can use a court form proof of service or you can write your own.  If you write your own proof of service, it would just say that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ________ (name and address of your ex-wife) on _______ (date).  You sign the proof of service at the bottom under penalty of perjury.

It would be advisable to check with the court clerk regarding the names of the forms you will need because your state might use different names for the forms I have mentioned.


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