In Wisconsin, we have a special provision that allows parents to ask the court for help to make the other parent comply with a placement order. If a parent has had a financial loss or expense because of the other parent’s failure to exercise placement, a court may order some compensation. Our Oshkosh family law attorneys at Derr & Villarreal, LLC can help you secure the appropriate enforcement remedy if the child custody arrangement was not followed.
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When the court finds that a parent has denied or substantially interfered with the other parent’s placement the court must order make-up placement time and attorney fees and costs. In addition, the court can find the non-compliant parent in contempt and order remedies available to encourage compliance. Enforcement actions are a request to the court asking for the court’s help in making a parent comply with a specific court order (a common example is payment of child support or maintenance). After a hearing, the court must determine that a party did not comply with their responsibilities under a court order but had the ability to comply and, without good reason, chose not to comply. If the court finds someone did not comply but could have, that party can be found in contempt of court.
After a court finds that a party is in contempt, it will determine what sanction is appropriate to motivate the party to comply with the court’s order. A common sanction is for the party to be sentenced to a specified number of days in jail or a fine. However, the court is required to give the parent a chance to obey and abide by the court order. So, the court will determine purge conditions that, if met, will “stay” or not enforce any jail sentence. A typical purge condition might be that the parent must pay child support on time for six months. If the parent fulfills the purge conditions, the jail sentence is not enforced. But a parent’s failure to fulfill the purge conditions will result in the court imposing the sanction of the previously ordered jail time.
Contact us in Beaver Dam at (920) 365-5959, in West Bend at (262) 988-4544, or in Oshkosh at (920) 523-1007.