Contempt in Wisconsin Divorce and Custody Cases

Contempt of Court plays an important role in enforcing divorce judgments and custody orders in Wisconsin. When one party intentionally disobeys or fails to comply with a court order, the other party can seek judicial enforcement through legal contempt proceedings.

These remedies are important tools for ensuring the parties comply with support obligations, custody arrangements, placement (visitation) schedules, and any other court-ordered duties.  

Examples where a party may be in contempt of court in divorce cases or custody/parentage cases can be:

• Violating custody restrictions, such as relocating out of state.
• Refusing to comply with custody or placement (visitation) provisions, like refusing to allow the other parent their court-ordered time with the children.
• Failing to pay child support, spousal maintenance, or other support obligations.
• Failing to follow the terms of a property division in a divorce decree, like refusing to pay a property equalizer or refusing to hand over property designated to the other party.

Legal Basis for Contempt in Wisconsin

Contempt of Court is governed by Wisconsin Statute Chapter 785 “Contempt of Court”. Under Wisconsin law, contempt of court happens when a person intentionally disobeys, resists, or obstructs any order of the Court. The state’s contempt statute defines contempt to include both misconduct in court and the failure to comply with a Court’s authority or orders.  

The Court may impose remedial and/or punitive sanctions on an individual found in contempt of the Court.  

Remedial Sanctions are designed to terminate ongoing noncompliance. Punitive sanctions are designed to punish past contempt and to uphold the Court’s authority.  

Some examples of Remedial Sanctions would be:

• Payment of a sum of money sufficient to compensate a party for a loss or injury suffered as a result of the contempt,
• Imprisonment to compel compliance (limited),
• An order designed to ensure compliance with a prior order of the court
• Ordering actions necessary to ensure compliance, such as enforcing parenting time placement orders,

Some examples of punitive sanctions would be fines or imprisonment (limited).  

Procedure

A party seeking to address contempt must file a motion with the Court that issued the underlying order. In family law cases such as divorce or parentage cases, common filings are an Order to Show Cause and Affidavit for Finding in Contempt. These filed documents describe the alleged violation.

The moving party must have the filed contempt documents personally served on the other party. Typically, these must be personally served on the other party at least five (5) days prior to the scheduled hearing. The hearing must be scheduled at a time when both sides can appear and present evidence. At times, the individual who is in contempt may be given an opportunity to retain counsel.  

In situations where contempt of Court happens in the Court’s presence, the Judge may impose summary sanctions immediately in order to preserve the order of the Court.  

Contempt in Custody and Placement Situations  

In family law cases involving custody and placement schedules for minor children, contempt often arises when one parent fails to comply with a placement schedule, refuses to return the children, or violates the court-ordered custody terms.

When a parent violates custody or placement provisions, the Court may:

• Order that the children be returned to the proper parent,
• Provide make-up or compensatory parenting time,
• Order payment of the other parent’s attorney fees, or
• Hold the violating parent in contempt, potentially imposing fines or other sanctions.  

Custody disputes are very fact-specific. The Courts will often look at the nature of the violation and whether a party had a legal justification. The Court will look to the intent of the party.

For example, a party that intentionally and/or unreasonably withholds parenting time will be treated differently from a party that unintentionally misses a parenting time exchange or believes they are legally justified in withholding placement.  

Defenses and Considerations

A finding of contempt requires proof that the individual violating a court order acted intentionally and without legal justification. Legitimate defenses may include:

• Actions to protect the child’s welfare. For example, a parent may refuse to exchange the child because they believe that the other parent is a danger to the children.
• Inability to comply due to circumstances beyond control. For example, a parent may be unable to exchange the children due to illness or weather conditions that make travel impractical or impossible.  
• Orders that are ambiguous or unclear. Some Court orders may not be clear, leading to confusion. For example, some parties may draft their own placement schedule that does not specify a set placement schedule, making it impossible for the parties to follow a defined order.

Summary

It is important to follow any and all court orders. Contempt proceedings can seriously impact your rights and can include heavy fines and possible imprisonment.  If you believe the other party is in contempt for failure to follow your family law court order, contact O’Flaherty Law today to schedule a consultation. Let us guide you through the process with clear advice and trusted support.