Contempt Clauses

The few suggestions offered on this page are basic considerations for most of the normal experiences you may have when dealing with custody and a high-conflict ex-partner.  Depending upon your specific circumstances, other recommendations may be more suitable and appropriate for violations of any provision of the court order.

Most of us are already all-too-aware of the reality that no written custody order or agreement is guaranteed to be followed by the high-conflict ex-partner, particularly if you’re dealing with one of the 4 “Cluster B” personality disorders: Histrionic, Narcissistic, Borderline, or Anti-Social.

The purpose of this section is to attempt to offer a written deterrent to unacceptable behaviors.  In this case, the unacceptable behaviors are any willful violation of the court order/agreement regarding custody.

Our belief is that if a person is aware of actual sanctions that “will be imposed” if they follow through with whatever it is that they intend (that violates the order), they may think twice knowing in advance what the punishment is likely to be.  Absent a specified punishment, they operate with the belief that there is none.  And often, they’re correct!  Even when there should be, the courts simply don’t follow-through with sanctions for perjury, making unsworn falsifications to authorities, frivolous litigation, etc.

There is a change that you can have an agreement with pre-defined sanctions, ones which don’t limit the court’s ability to impose additional punishment. We believe it can help to deter negative behaviors.  Take a good long look at your current custody agreement and find out what kind of common violations could take place (or have already taken place).  Create your own list while working with us. Explore potential sanctions and work to have them put into your agreement at some future opportunity.

Click HERE for our page with discussions and examples.

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