Consequences of ignoring temporary custody order?


My STBXW intends to take the kids on vacation, and the time will extend over my custody time as per the court order. If she does so, and I file for contempt, what are the realistic outcomes? What is a judge likely to do to her? Fine her? Change our custody so I get more? Whatever he wants? Nothing? Make her pay my court costs for filing the motion?

Note that I’ve offered to trade days, but she just intends to “take” my days for her own reasons.

Also, I’ve seen a statute that says that if a spouse takes the kids out of State for more than 72 hours during the other spouse’s custody period, this is a felony. Does this make sense, or work in the real world?

Thanks again for this gem of a resource.


You may file a motion for contempt and based on the facts you will likely prevail. Your spouse will more than likely be ordered to pay your attorney’s fees and or a fine. Her actions will not enable the judge to change the current custodial arrangement, but he or she can order her to allow you make up time.