When parents divorce or separate, one of the biggest concerns is often the welfare and custody of their children. In these situations, the courts will often issue orders outlining the terms of custody and visitation for the parents. It is extremely important for both parents to abide by these court orders, as failure to do so can result in serious consequences.
Don’t Do This In Your Child Custody Case!
One recent case that serves as a reminder of the importance of following court orders in child custody cases is Moreland v. Spears. In this case, the father, Moreland, claimed that the mother, Spears, had violated a court order by withholding his scheduled visitation with their child, L.M., during the month of March 2020. Moreland was upset at L.M. for secretly recording him, and L.M. was allegedly afraid to see Moreland during that time.
The courts have established guidelines for determining whether or not a party is in contempt of court for violating an order. These include whether the order was violated, whether the order was possible to carry out, and if there is a violation, whether the violation was an intentional and willful refusal to abide by the court order. In this case, Spears admitted to withholding Moreland’s visitation, but argued that the circumstances were unusual due to the COVID-19 pandemic.
In March 2020, the COVID-19 pandemic shut down the country and much of the world. Everyone, including the Mississippi court system, was trying to adapt to a new normal. At oral argument, Spears’ attorney stated that she advised Spears not to file an emergency motion at that time due to the backup at the court and since the trial date was set for June 1, 2020. While Moreland did not receive his scheduled visitation with L.M., he did have telephonic visitation while the stay-at-home order was still active, and he was able to see her occasionally before the hearing.
Given the totality of the circumstances in this case, the court found that the chancellor did not abuse his discretion by failing to find Spears in contempt. The court also affirmed the chancellor’s decision to deny Moreland’s contempt claim and not award attorney’s fees.
It is important to note that the court acknowledged that in most cases, this type of unilateral modification of visitation is unacceptable, and it is not a defense that the party’s intent was based upon pure moral sentiment. However, the court also stated that the chancellor has “substantial discretion” when deciding contempt matters, and that the circumstances in this case were unusual due to the COVID-19 pandemic.
This case serves as a reminder that parents must take court orders seriously and that failure to follow them can result in serious consequences. It is important to remember that the child’s welfare should always be the top priority, and that court orders are put in place to ensure that the child has a stable and healthy environment. However, it is also important to consider the unique circumstances and to exercise discretion when necessary.
Just Follow The Judge’s Orders
It is also important to note that the court acknowledged that acting on the advice of counsel does not excuse a person from following an order, but it may be considered in determining whether there was willful contempt. This means that parents should not rely solely on their attorneys’ advice and must take responsibility for following the court’s orders.
In conclusion, the case of Moreland v. Spears serves as a reminder of the importance of following court orders in child custody cases. Parents must take court orders seriously and ensure that the child’s welfare is the top priority. However, it is also important to consider the unique circumstances and to exercise discretion when necessary.
And it is also important for parents to be aware that the court will take into consideration the advice of counsel, but ultimately it is the responsibility of the parents to follow the court’s orders.
It’s also important to note that if one parent does not comply with the court order, the other parent should not take matters into their own hands and try to rectify the situation themselves. Instead, they should seek legal help, or file a motion for contempt with the court. This will ensure that the court can evaluate the situation and take appropriate action.
In cases where there is a violation of a court order, the court may take several actions. The court may order make-up visitation time, impose fines, or even change custody arrangements. In some cases, the court may even order the violator to serve time in jail. It is therefore crucial that parents follow court orders to avoid any negative consequences.
In conclusion, following court orders in child custody cases is of paramount importance. Not only does it ensure that the child has a stable and healthy environment, but it also prevents negative consequences for the parents. Parents must take court orders seriously and work with their attorneys to ensure that they are compliant. And if there is a violation of court order, it is important to seek legal help and not to take matters into their own hands