Enforcing Custody and Visitation Orders

A child custody or visitation court order is a binding agreement that the parents must follow. If a parent does not follow the order, the other parent can file a court action asking the court to enforce the order.

While the process is similar whether the order came as part of a divorce or if the order involves two parents that were never married, two different laws apply. Iowa Code section 598.23 applies if the case involves an order that was issued as part of a divorce. Iowa Code section 600B.37 applies if the order was issued outside of a divorce.

The party who brings the contempt action has the burden to prove the other parent willfully did not follow the order. If the party bringing the contempt action shows that the other party violated the court order, then that party has to provide evidence to suggest the violation was not willful. The parent bringing the action must prove willfulness beyond a reasonable doubt, because of the similarities between contempt actions and criminal actions. See Ary v. Iowa Dist. Ct., 735 N.W.2d 621, 624 (Iowa 2007).

If the court decides that a party violated the order, the court can find the party in contempt.  If the court finds a parent in contempt, the court can make the parent serve up to 30 days in jail. The Iowa Code also gives the judge other options to deal with the parent’s violation, like modifying visitation to compensate for lost visitation time. Iowa Code section 598.23.