How do I enforce a custody order in North Carolina?

Civil contempt

Failure to comply with an order is civil contempt as long as the order remains in force, its purpose can still be served by compliance, the noncompliance is willful, and the person is able to comply or to take reasonable measures to comply (G.S. 5A-21(a)).

A motion for civil contempt must include a sworn statement or affidavit and be served at least five days before the hearing unless good cause is shown, and the moving party has the burden of proof (G.S. 5A-23(a1)). If contempt is found, the order must specify how the person can purge it (G.S. 5A-23(e)).

Criminal contempt

Willful disobedience of a court order is criminal contempt (G.S. 5A-11(a)(3)), punishable by censure, up to 30 days in jail, a fine of up to $500, or a combination (G.S. 5A-12(a)). A person cannot be held in both civil and criminal contempt for the same conduct.

High-conflict cases

In a high-conflict case, the court may appoint a parenting coordinator after a custody order is entered or on entry of a contempt order involving custody. The coordinator’s decisions within the authority the order grants are enforceable as court orders (G.S. 50-91 and 50-92).