What Is Likely To Happen If My Ex Is A No Show To A Contempt Hearing?

Question: What is likely to happen if my ex is a no-show to a contempt hearing?

Answer:

If your ex does not show at a contempt hearing, and it was properly noticed, the court can Grant the contempt even with him not being present. There are a few more legal hurdles you would have to follow in order for it to happen but the court could issue a bench warrant for his arrest. Now, this usually doesn’t happen at the first hearing, but if you plead it and request it properly it could happen to subsequent hearings. Generally, in order to change timesharing (because, our courts don’t use the phrase custody anymore“ you have to file a petition for modification and you need to make sure that you have a substantial and an anticipated change in circumstances. You can build your case, and a series of contempt would be very good reason for there to be good cause for a modification.

Attorney Erin E. Morse