Contempt of Court in Washington

Family law orders in Washington are legally binding. When a court issues an order regarding parenting time, child custody, child support, or spousal maintenance, both parties are expected to comply. Unfortunately, compliance does not always occur. Parents may withhold visitation, fail to pay support, or refuse to follow parenting plans. When this happens, Washington courts allow the other party to file a motion for contempt.

Contempt of court is a serious matter. It is designed to ensure that parties comply with court orders, and violations can result in fines, makeup parenting time, or even jail time. This article explains how contempt works in Washington family law cases, the circumstances under which it can be used, and what both parents should know when faced with enforcement issues.

What Is Contempt of Court?

Contempt of court occurs when a person willfully disobeys a lawful court order. In the family law context, contempt most often arises from violations of parenting plans, residential schedules, child support orders, or spousal maintenance orders. Washington law (RCW 26.09.160) specifically provides remedies when a parent refuses to comply with residential provisions of a parenting plan. Courts have broad discretion to enforce their orders and may impose significant penalties to ensure compliance.

Common Situations Leading to Contempt

Contempt motions may be filed in a variety of circumstances, including:

  • Denial of visitation: A parent refuses to allow the other parent to exercise court-ordered visitation.
  • Failure to return the child: A parent keeps the child beyond the scheduled visitation period.
  • Nonpayment of child support: A parent fails to pay support as ordered.
  • Nonpayment of spousal maintenance: Court-ordered spousal support is ignored.
  • Refusal to comply with parenting provisions: A parent ignores conditions related to decision-making, school enrollment, or healthcare.

In each of these scenarios, contempt proceedings provide a mechanism for enforcement.

The Legal Standard for Contempt

To find a party in contempt, the court must determine that:

  1. A valid court order exists.
  2. The alleged violator had knowledge of the order.
  3. The violator intentionally failed to comply with the order.

If noncompliance is the result of circumstances beyond a party’s control, for example, job loss making support payments impossible, the court may decline to find contempt. However, the burden is on the accused party to demonstrate inability rather than willful refusal.

Penalties for Contempt in Family Law

Washington courts have several tools to enforce compliance when contempt is found. Possible penalties include:

  • Makeup visitation: Awarding additional parenting time to compensate for lost visitation.
  • Fines: Monetary penalties for each violation.
  • Attorney’s fees: Ordering the noncompliant party to pay the other party’s legal fees.
  • Jail time: In cases of repeated or egregious violations, the court may order incarceration until compliance is achieved.
  • Other sanctions: Courts may impose restrictions, modify parenting plans, or take other actions deemed appropriate to protect the best interests of the child.

The severity of the penalty often depends on the nature and frequency of the violation.

Defenses to Contempt

Not all violations result in contempt. Valid defenses may include:

  • Lack of knowledge: The accused party was not properly served with or aware of the order.
  • Impossibility: Compliance was impossible due to circumstances beyond the party’s control, such as hospitalization or loss of employment.
  • Ambiguity: The order was unclear or subject to conflicting interpretations.

Courts may give leeway when violations are not willful, but repeated excuses or ongoing noncompliance are rarely tolerated.

Alternatives to Contempt

Before filing for contempt, parents may consider alternative enforcement methods. Mediation can sometimes resolve disputes without escalating the conflict. Parenting coordinators or family law facilitators may also help clarify responsibilities and improve compliance. However, when violations persist, contempt remains the most effective enforcement tool.

Contempt motions are legal proceedings that require careful preparation. The moving party must provide evidence of the violation, including documentation, witness testimony, or communication records. The responding party may present defenses or mitigating circumstances.

An experienced family law attorney ensures that motions are properly filed, evidence is effectively presented, and penalties are appropriate to the circumstances. Legal counsel is also critical for defending against contempt allegations, as the consequences can be severe.

Contempt of court in Washington family law cases is a powerful mechanism for enforcing court orders. Whether the issue is unpaid child support, missed visitation, or refusal to follow parenting provisions, contempt provides a means to protect the rights of both parents and children.

If you are experiencing violations of a family law order, or if you have been accused of contempt, it is important to act quickly. The Law Office of Erin Bradley McAleer provides experienced representation in family law enforcement matters, helping clients navigate the process, protect their rights, and achieve compliance with court orders.