Manhattan Family Law Attorney Richard Roman Shum Explains Motions for Contempt in New York Custody Cases

NEW YORK, NY - When a co-parent repeatedly disregards a court-ordered custody or visitation schedule, the affected parent may need to seek court intervention to enforce their parenting rights. Manhattan family law attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/what-is-a-motion-for-contempt/) has published guidance explaining what a motion for contempt is under New York family law, how it works, and the penalties a court may impose for violations of custody and visitation orders.

According to Manhattan family law attorney Richard Roman Shum, a motion for contempt is a legal tool a parent may use to ask a court to address violations of a custody or visitation order. Contempt can occur when a person disobeys a lawful court order in a way that meets the standard for civil or criminal contempt. "A parent cannot be held in contempt simply because the other parent is unhappy with how things are going," Shum explains. "The order must be clear enough to enforce, and vague agreements or informal parenting arrangements generally do not provide a strong basis for contempt."

Manhattan family law attorney Richard Roman Shum notes that New York law establishes two categories of contempt. Judiciary Law Section 750 gives courts the power to punish for criminal contempt, which addresses past willful disobedience of a court order, while Judiciary Law Section 753 authorizes punishment for civil contempt, which is generally used to protect a party's rights after an order has been disobeyed. The two categories differ in purpose, burden of proof, and possible remedies, with civil contempt requiring clear and convincing evidence and criminal contempt requiring proof beyond a reasonable doubt.

Shum points out that a parent may seek civil contempt only when specific conditions are met. There must be a valid court order that clearly states what the parent must do, the other parent must have known about the order, and the order must have been disobeyed in a way that prejudiced the filing parent's rights. "A parent who missed a single visit due to a genuine emergency is less likely to face contempt than a parent who repeatedly blocks court-ordered parenting time without a valid reason," Shum observes.

Common violations of visitation orders may include repeatedly refusing to make the child available for scheduled parenting time, returning the child late on a regular basis, blocking communication between the child and the other parent, or relocating with the child in violation of a court order. Attorney Shum emphasizes that courts look closely at whether the violation was isolated, serious, repeated, excused, or part of a broader pattern of noncompliance. Genuine safety concerns, he adds, should be addressed through the proper legal process, including emergency relief when appropriate.

Shum also distinguishes contempt from a motion to enforce. In Family Court, custody and visitation disputes are commonly raised through an enforcement or violation petition, while contempt relief may be sought through motion practice when the legal standard is met. An enforcement request asks the court to address an order that is not being followed, while a contempt request goes further by asking the court to find that the other parent disobeyed the order in a way that satisfies the civil or criminal contempt standard.

To succeed on a motion for contempt, the filing parent must present evidence establishing each element of the claim. Useful evidence may include a certified copy of the custody or visitation order, proof that the other parent knew about the order, text messages or emails showing refusal to comply, a log documenting missed visits, and witness statements or police reports connected to custody exchanges. The firm notes that each alleged violation should be connected to the specific order being enforced.

Penalties for contempt vary depending on the type. Under Judiciary Law Section 753, a court may punish civil contempt by fine, imprisonment, or both, with fines governed by Judiciary Law Section 773. Criminal contempt under Judiciary Law Section 751 generally allows a fine of up to $1,000, up to 30 days in jail, or both, with imprisonment of up to three months in certain matters involving criminal-court orders of protection. Courts may also consider practical remedies such as make-up parenting time, clearer exchange terms, or supervised exchanges when supported by the record.

Attorney Shum notes that a contempt finding does not automatically change custody. However, a documented pattern of interference with court-ordered parenting time may become relevant if a parent separately seeks a custody modification, which courts evaluate based on whether there has been a substantial change in circumstances and whether the requested change serves the child's best interests. In cases involving an order of protection, the visitation schedule and the protection order must be read together to determine what conduct is and is not permitted.

For parents in Manhattan facing custody or visitation order violations, consulting an experienced family law attorney may help clarify whether enforcement, contempt, or another court request is the appropriate step before filing.

About Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a Manhattan-based family law firm that represents parents in custody, visitation, child support, and related matters. Led by attorney Richard Roman Shum, the firm helps parents address custody and visitation order violations, gather supporting evidence, and pursue appropriate court relief. The office is located at 20 Clinton St FRNT 5D, New York, NY 10002, and serves families throughout Manhattan and the surrounding boroughs. For consultations, call (646) 259-3416.

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Email: richard@romanshum.com

Website: https://www.romanshum.com/

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