CONTEMPT HEARINGS IN
WASHINGTON
If a parent fails to
comply with residential provisions of a
Court-ordered Parenting Plan, the parent who is
denied access to the child may initiate a
contempt action by filing a motion to coerce the
other parent to comply with the Order. The
non-complying parent can be punished by the Court
by holding the parent in contempt of Court.
Upon a showing to the Court that there is
reasonable cause to believe the parent has not
complied with the Order, the Court may issue an
Order To Show Cause why the relief requested
should not be granted.
A hearing is then held at
which the Court makes a determination based on
all the facts and circumstances if the parent, in
bad faith, has not complied with the Order.
If the Court so finds this to be true, an Order
is entered that the parent is in contempt of
Court.
In the contempt Order, the
Court can provide the moving party additional
time with the child, equal to the time missed
with the child; the parent to pay all court costs
and reasonable attorneys' fees incurred; and any
reasonable expenses incurred in locating or
returning a child; and a civil penalty, not less
than the sum of one hundred dollars, to the
moving party.
The Court may also Order
the parent to be imprisoned in the county jail,
if the parent is presently able to comply with
the provisions of the Court-ordered Parenting
Plan and is presently unwilling to comply.
The parent may be imprisoned until he or she
agrees to comply with the Order. On a
second failure within three years to comply with
a residential provision of a court-ordered
Parenting Plan, the Court shall Order
additional time of at least twice the amount of
the time missed with reasonable expenses incurred
in locating or returning a child; and a civil
penalty to the moving party of not less than two
hundred fifty dollars, as well as jail
time. If this happens, the non-residential
parent can move to change the Parenting Plan and
be named the primary residential parent, as well.
Our
firm consist of three lawyers, Peter W. Mogren,
Ronald E. Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and probate, and
personal injury. Please click on the topics
above for details about these areas of practice,
including divorce, legal separation, property
division, child support, spousal maintenance,
parenting plans, modifications, paternity,
adoption, wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our
firm is conveniently located in Renton, King
County, Washington, just off the freeway at the
intersection of I-405 and I-167. Our
attorneys represent clients throughout the State
of Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue, Auburn,
Maple Valley, Federal Way, Des Moines, Burien,
SeaTac, Enumclaw and most of south King County.
The
free information contained in these pages is not
intended to be legal advice, and does not create
an attorney-client relationship. You should
always consult with an attorney before taking any
action. Feel free to contact us at 425-255-4542.
