Learn what counts as a custody order violation in Pennsylvania, how to file for contempt, and what penalties a violating parent can face.
Pennsylvania custody and visitation orders are built around one guiding principle: what's in the best interests of the child involved. Parents can reach their own custody agreement, and a judge will likely approve it, as long as the arrangement serves the child’s best interests. (23 Pa.Cons. Stat. § 5328 (2026).)
However, once a judge enters a custody order, it's binding, whether the parents agreed to it or the judge imposed it. A parent who doesn't follow the order can face real consequences, including a contempt finding.
What Counts as a Custody Order Violation in Pennsylvania
"Contempt" is the act of violating (disobeying) a court’s order. A parent may be found in violation of or in contempt of a Pennsylvania child custody order when they fail to comply with any term of the order. Some of the most common acts include:
- preventing visitation
- interfering with communication, or
- denying visitation for nonpayment of child support.
Other frequent violations include not returning the child on time, making unilateral decisions on schooling, medical care, or religion when the order requires shared legal custody, relocating without following notice requirements, violating court-ordered safety conditions, and withholding school or medical records.
Here's a more in-depth look at some of the most common violations.
When Blocking Visitation Becomes Contempt of Court
A parent who makes the child unavailable for the other parent’s visitation time, including arranging extracurricular activities that conflict with visitation times, can be in violation of the court’s custody order.
Before a court will find a parent in contempt, the parent alleging a violation typically must show that the interference with visitation has been an ongoing problem, not just a one-time interference. It is important to document that the other parent’s lack of cooperation is a consistent problem.
Learn more about how to deal with an ex who's withholding child visitation.
Interfering With Parent-Child Communication
To violate a custody or parenting order in Pennsylvania, a parent need not cut off contact between the other parent and child completely. Instead, interference includes any conduct that hurts the parent-child relationship, ranging from intercepting emails or blocking phone calls to preventing contact entirely.
Withholding Visitation for Nonpayment of Child Support
Although a parent who fails to pay child support can also be held in contempt of court in Pennsylvania, some parents mistakenly believe that the failure to pay child support means the nonpaying parent doesn’t get to see their children.
However, visitation and child support are completely separate matters, and one isn't dependent upon the other. Parents who haven’t been receiving court-ordered child support can file a motion to enforce payments, but if they withhold visitation, they can be found in contempt of the custody order.
If you're not receiving court-ordered child support payments, or want more information about child support in Pennsylvania, contact the Pennsylvania Child Support Program for help enforcing your child support order.
How to File for Contempt of a Custody Order
If one parent has violated a custody or visitation order, the other parent can file a motion (legal paperwork) asking the court to enforce the order and hold the noncomplying parent in contempt of court. By holding a person in contempt, a judge is saying that the person had the ability to comply with the order and didn't. A person held in contempt of court can be ordered to pay fines and face other penalties, including jail time (more on that below).
Filing procedures vary from county to county, but at a minimum, you will have to file the legal paperwork with the court and serve (deliver) a copy on the other parent. The court will set a hearing date, and you will have to attend the hearing and present evidence showing how the other parent violated the custody order.
Penalties for Violating a Pennsylvania Custody Order
A Pennsylvania judge can’t order a change in custody during a contempt hearing, but they can order sanctions (or punishments). Potential contempt sanctions include:
- ordering make-up parenting time or visitation
- ordering the interfering parent to attend parenting classes
- ordering the interfering parent to pay costs (including attorneys' fees or transportation costs for visitation), and
- holding the interfering parent in contempt of court, which usually includes a fine and even jail time.
(23 Pa.Cons. Stat. § 5323(g) and Pa.R.C.P. 1915.12 (2026).)
Getting Legal Help
Custody contempt cases are high stakes and can move quickly. If you have questions about the law and how it applies to your situation, contact a local family law attorney. If you can't afford to hire an attorney, many courts have a Family Court Help Center, with staff and volunteers who can explain the contempt-filing process to you and provide forms. PALawHelp.org publishes free custody-related self-help guides and a directory to find legal aid by county.
