Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order
My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she has to go to his house.
A:
A 12-year-old cannot be held in contempt.
The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order and, therefore, cannot be held in contempt.
You, however, are in violation of the Court. Though unlikely, you could be held in contempt. In my experience, when a child refuses to go to on Court-ordered parenting time, the parent in your position is often found to be in contempt and faces some sort of sanction, probably along the lines of having to pay for reunification therapy to help the relationship between your daughter and Father. The therapist will want to address why your daughter does not go with him. These services can be very expensive. Be prepared for this as well: Judges tend to be skeptical that a parent cannot get a child to go with the other parent.
In my experience, you also should prepare for him to do following:
He will likely raise this issue in a Petition to Modify, alleging (1) that she is refusing to go because you are alienating the child from him, and (2) that if you cannot get a child to abide by a parenting time order, then it is evidence that you can effectively parent the child and that he should be granted full custody. Again, in my experience, a Petition to Modify like that usually starts a very intense custody fight.
I know much of that is not what you want to hear, but you need to be aware of the risks.
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