Contempt of Court & Child Custody in South Carolina

Contempt of Court & Child Custody in South Carolina

In this article, we’ll cover contempt of court and child custody in South Carolina. Oftentimes, children get in fights with their parents. This can be particularly problematic when children of divorced parents get into a fight with one parent that leads them to refuse to exercise parenting time with that parent. When this occurs, particularly following a long divorce, the parent who got into the fight feels guilty and does not want to force the child to spend time with them. However, what if this continues to be an excuse for two years and now the parent has not seen the child the whole time? Will you be successful if you file a petition for contempt against the other parent for violation of the custody order? The 2016 decision of Noojin v. Noojin suggests you may be.

Understanding Contempt of Court & Child Custody

The mother in the Noojin case was granted custody, with the father being awarded liberal visitation. However, soon after the custody order was entered, the two children refused to exercise visitation with their father, and for two years neither parent forced the children to have visitation. At trial, the father presented e-mails that proved the mother knew she was intentionally withholding visitation. Specifically, these e-mails suggested the mother never told the children’s father about their school events. This alienating behavior was seen as against the best interests of the children. Similarly, the court noted there were no other factors that indicated the father was not a fit and proper person to exercise visitation with the children.

Moreover, the evidence showed the mother permitted her children to disinvite their father from school events and block him from their cell phones. In addition, the trial court held that as a result of the mother’s non-compliance, she should be ordered to pay the father $41,375.84 in attorney’s fees.

The Analysis and Holding of Noojin

The South Carolina Court of Appeals found that the mother should be held in contempt for failing to follow the custody order entered by the trial court. Specifically, quoting Tirado v. Tirado, the court defined contempt as a “consequences of the willful disobedience of a court order” done “voluntarily” and “intentionally.” This suggests that a child’s resistance to visitation is not a sufficient reason to refuse visitation of another parent, especially if the parent who is withholding visitation is actively trying to alienate the child. However, it should be noted that the court engaged in a very extensive factual analysis, which indicates it may have come to a different conclusion if the facts had been different.

Get Help with Your Case

The court’s analysis and holding in Noojin indicate courts could potentially hold a parent in contempt of court for not forcing their child to exercise parenting time with their parent. To determine the potential for contempt in your case, you should contact the custody attorneys at Klok Law Firm LLC to talk about the facts of your case and possibilities for litigation.

Contact us today for a free consultation.

11 Comments
  • 醫學美容-UV底霜-羨睫毛膏-cosmetic-wiki
    Posted at 20:37h, 25 October

    j.f. lazartigue 拉贊提 【花頌髮療提拉系列】葡菁前導舒柔 Massage Gel for Deep Cleansing的商品介紹 j.f. lazartigue 拉贊提,花頌髮療提拉系列,葡菁前導舒柔 Massage Gel for Deep Cleansing

  • Football Solutions Under-17 - Turkey-Norway - Statistics
    Posted at 00:02h, 11 November

    Barcelona manager Luis Enrique has insisted that he does not does not keep any secrets from Lionel Messi after controversially substituting the Argentinian for the first time this year. Barcelona boss Luis Enrique insists he does not keep secrets from Lionel Messi after substituting star forward

  • Matha Frusci
    Posted at 08:18h, 16 November

    If you know how to comment on blogs, forums etc, register here and earn 30 on all products: http://bit.ly/2ODt2Tt

  • futbol.run UEFA Women's Champions League - Jackie Groenen
    Posted at 11:04h, 20 November

    Manuel Pellegrini believes his Manchester City side are now better-equipped to deal with Barcelona after the Catalans knocked them out of the Champions League’s round of 16 last season. Manuel Pellegrini says his Manchester City players are ‘fresh’ for Champions League showdown with Barcelona but admits they will miss suspended Yaya Toure 

  • Conrad Semons
    Posted at 03:35h, 25 November

    It is in point of fact a great and useful piece of info.I am satisfied that you simply shared thishelpful info with us. Please stay us up to date like this.Thank you for sharing.

  • Paul Travis
    Posted at 22:47h, 26 November

    I don’t usually comment anywhere, but if you’re looking for additional income at home, have a look at this website: Affiliate Program – 30 comission

  • Spencer Keith
    Posted at 19:55h, 28 November

    If you ever tried Phallomax, pls leave your thoughts here. Im about to test it out. Have read about those pills some promising reviews. Just wondering on how many of extra centimeters would that thing add to my little friend down there lol 😀

  • Jerald Nixon
    Posted at 21:47h, 28 November

    I’ve used Phallomax for the past few months. No doubts this is definitely the best product for “that” problem. Received it from the UK very quickly and I live in Japan. Well worth of money.

  • Shirley Cayetano
    Posted at 22:28h, 29 January

    We absolutely love your blog and find almost all of your post’s to be just what I’m looking for. Does one offer guest writers to write content for you? I wouldn’t mind writing a post or elaborating on a few of the subjects you write related to here. Again, awesome site!

  • Stefan Kubishta
    Posted at 03:06h, 15 February

    I appreciate you sharing this blog article. Much obliged.

  • Kate Yosten
    Posted at 11:51h, 18 February

    Amazing stuff. Kindest Regards 🙂

Post A Comment