Can a mother be held in contempt for refusing to change a mutual agreement on visitation?

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Can a mother be held in contempt for refusing to change a mutual agreement on visitation?

We agreed that visitation would be every other weekend that way it gives him more time with her. He has just all of a sudden decided he wants to change it to the first and third weekend of the month. I make plans with her based her being with me every other weekend and now after him only getting her maybe 3 times in the past 4 months he is threatening to have me held in contempt if I don’t agree.

Asked on July 5, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can only be held in contempt of an order that already exists, not one that does not yet exists.  If you are complying with the order that states every other weekend then you are not in contempt.  You are the exact opposite in fact.  If he wishes to change or "modify" the order let him bring a motion to do so and give a good reason for the change.  If, however, you have no real reason not to modify voluntarily and are just being difficult then a court may not look too kindly on that.  Also note that if the change is made you will get her two extra weekend s a year.  Good luck.


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