Family Visitation Dilemma: Who’s Held in Contempt?
Judge orders visitation supervised by mother’s brother, but he doesn’t show—who’s in contempt?
I’m Tulsa family law attorney James Wirth, and that’s the situation we’re looking at today.
Visitation and Supervision Explained
In Oklahoma family law courts, visitation can sometimes be ordered as supervised or monitored. A monitor might check in periodically, while supervised visitation means the supervisor is expected to observe the entire visit. Supervision can be provided by professional supervisors—companies that offer this service for a fee—or, more commonly, by an agreed third party to avoid those costs.
In this case, the judge ordered that Dad’s visitation be supervised by Mom’s brother. But if the brother doesn’t show, Dad misses his visitation. So who is in contempt?
Navigating the Legal Complexities
Here’s where it gets tricky. Third-party supervisors are not under the court’s jurisdiction. The court has authority over the parents and the child, but not over the designated third party. So, even if mom’s brother fails to show, the judge cannot hold him in contempt because he’s not bound by the court order in the same way the parents are.
Could Mom be in contempt? Possibly—but only if she is intentionally causing the problem. If she persuaded or pressured her brother not to show, that could be considered interfering with the court’s order. But if her brother fails to show up on his own, proving mom’s responsibility is very difficult. In that case, neither party is likely to be held in contempt.
Seeking a Practical Solution
The more practical solution may be to return to court and request a different visitation supervisor. While professional supervisors come with added costs, the advantage is neutrality. They are unbiased and reliable, often providing written reports that can later be used in court to determine whether continued supervision is necessary or if expanded visitation should be granted.
So, in this scenario, who’s in contempt? Likely no one, unless you can prove Mom caused her brother not to show. Otherwise, the best course of action may be to modify the order and secure a different supervisor.
Schedule a Low-Cost Initial Strategy Session
If you’re facing this issue, every case is unique. For specific legal advice tailored to your circumstances, schedule a confidential consultation with a Tulsa child custody attorney at my office at MakeLawEasy.com. Contact us at 918-879-1681 for a low-cost initial strategy session to explore your options.
