Q: Seeking legal penalties for co-parent violating supervised visitation terms due to substance abuse and mental illness.

A: I am not clear on what can backfire. You should file your motion detailing your concerns. Although you can make suggestions it is the judge who will determine what the appropriate sanctions are. Make sure that you have objective evidence to support your allegations. Speak with a local family lawyer for more specific advice.

A: Filing a motion for contempt of court is an appropriate step when a co-parent repeatedly violates court-ordered visitation terms. You'll need to document each instance when your co-parent canceled without notice or left early, including dates, times, and any communications you received about these violations. Also gather documentation from the supervisor who previously suspended visitation due to substance abuse or mental health concerns, as this will strengthen your case by showing a pattern of behavior that impacts your child's well-being.

When preparing your motion, focus on how these violations affect your child rather than attacking your co-parent's character. Courts prioritize children's best interests, so frame your request in terms of creating stability and safety for your child. Include specific remedies you're seeking, such as stricter enforcement of existing orders, potential suspension of visitation until the co-parent demonstrates compliance, or requiring the co-parent to complete substance abuse treatment or mental health services as a condition for continued visitation.

Consider consulting with a family law attorney before filing to ensure your motion is properly prepared and to understand potential outcomes. Courts generally prefer to maintain some form of relationship between children and both parents, so complete termination of visitation is rare unless there's clear evidence of harm to the child. However, courts do take violations of their orders seriously and have various enforcement tools available, including fines, makeup visitation time, modification of visitation terms, or in serious cases, even brief incarceration for contempt. The key is to present your case as motivated by concern for your child's well-being rather than animosity toward your co-parent.