Can a parent be found in contempt of a parenting order that is unclear about the exact schedule?
Generally, no, or at least not easily. Contempt requires the underlying order to be clear and unambiguous about what was required, precisely because a parent can't be found to have deliberately disobeyed a term that wasn't actually specific enough to understand or comply with in the first place. If the schedule is genuinely open to more than one reasonable interpretation, a parent's good-faith reliance on their own reasonable reading of the order is likely to defeat a contempt motion, even if the other parent disagrees with that interpretation.
This is exactly why vague parenting orders tend to generate disputes rather than resolve them, and why clarity in the original wording matters so much. Where an order truly is ambiguous, the more effective path is often to seek clarification or a variation of the order itself, spelling out the schedule precisely, rather than pursuing a contempt motion that's likely to fail on the ambiguity alone. Anyone dealing with a parenting order they believe is too vague to work with, whether trying to enforce it or defending against an enforcement attempt, should get legal advice on whether clarifying the order is the better first step.
Key takeaways
- Contempt generally requires a clear, unambiguous order; genuine ambiguity tends to defeat the motion.
- A parent's reasonable, good-faith interpretation of a vague term can be a real defence.
- Vague scheduling language is a common source of disputes that contempt motions can't fix.
- Seeking clarification or variation of an ambiguous order is often more effective than a contempt motion.