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What must be shown to get a written finding of contempt registered against a parent for denying parenting time?

TSL Written by the Treadstone Law team· Updated August 2026

To obtain a written contempt finding, the parent bringing the motion generally needs to satisfy the court, to a high standard of proof, that a clear and specific order existed setting out the parenting time, that the other parent knew of the order's terms, and that the other parent deliberately failed to comply rather than being prevented by circumstances genuinely beyond their control. Because this standard is demanding, the motion typically needs to be supported by organized, specific evidence rather than general complaints about the other parent's conduct.

In practice, this means a sworn affidavit setting out each instance of denied parenting time, with dates and details, communications between the parents (or lack of any explanation offered), and a copy of the order itself showing exactly what was required, tend to form the core of the evidence. A court will also consider whether the parent facing the motion had any legitimate reason for the non-compliance. Given how serious a contempt finding is, and how carefully courts scrutinize the evidence before making one, getting legal advice on how to prepare and present the motion significantly improves the chances of success.

Key takeaways

  • A written contempt finding requires a clear order, the other parent's knowledge, and deliberate non-compliance, proven to a high standard.
  • A detailed affidavit documenting each denied instance is central supporting evidence.
  • Courts consider whether the other parent had any legitimate reason for non-compliance.
  • Careful preparation with legal advice significantly improves the chances of a successful motion.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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