Outcome of contempt hearing for custody order violation?

Question

I am involved in a custody dispute with my son's mother. We established a 50/50 custody agreement in 2022 after a prior incident where she took our son to Texas and refused to return him, necessitating intervention by the abduction unit and granting me temporary full custody. In October 2024, she again violated the custody order by taking our son to Sacramento for two months without my consent or a court’s approval. Despite my objections and legal efforts to maintain the custody order, she insisted it was no longer valid. I have substantial evidence, including my son's school records showing his absence for those two months justified as a 'family emergency,' text messages wherein she acknowledged taking him and disregarded needing my or a judge's approval, as well as police reports documenting the situation.

We attended a Child Custody Recommending Counseling session in February, during which she openly admitted to taking our son. The mediator's report suggested maintaining shared legal custody but recommended granting me physical custody due to her disregard for the court order and housing instability. The contempt hearing is scheduled for March 12. Given her admission during mediation, I wonder about the likely outcome of the contempt hearing. Will she be found guilty immediately, or must I present additional evidence despite her admission? Furthermore, how likely is the court to accept the mediator's recommendation in our case?

James L. Arrasmith · Answer

Given that she openly admitted to violating the custody order during mediation, you have a strong foundation heading into the contempt hearing. However, the judge typically won't rely solely on admissions during mediation. You should be prepared to present your documented evidence—including the school records, text messages, and police reports—to solidify your case and clearly demonstrate her intentional violation. 
 
Contempt of court requires proof that she knowingly and willfully violated a court order, which your evidence appears to support. With her admission and your substantial documentation, it's highly probable she'll be found in contempt. While immediate decisions can happen, judges often carefully review evidence before formally issuing a ruling, so the outcome might not be instantaneously confirmed at the hearing itself. 
 
Regarding the mediator's recommendation, judges frequently give substantial weight to their insights, especially when recommendations align closely with clear evidence of misconduct or instability. Given the mediator's concerns about her disregard for the order and unstable housing, the court is likely to seriously consider granting you primary physical custody. Ultimately, your thorough preparation and organized presentation will greatly influence the court's final decision.

Q: Outcome of contempt hearing for custody order violation?