Dec102025
Family Law Q&A Series

What is the process to file contempt for missed weekly calls and refusal to share the child’s address or school? – North Carolina

Short Answer

In North Carolina, enforcement of a custody or visitation order generally happens through a contempt motion filed in the court that has jurisdiction over the existing custody order. A grandparent with court-ordered custodial or visitation rights may ask the court to hold a parent in civil or criminal contempt if the parent willfully violates clear terms of the order, such as required phone contact or required sharing of basic information. When a case has been transferred or involves another state, the judge must first confirm which court has authority under North Carolina’s child custody jurisdiction rules before enforcing or modifying the order. If North Carolina does not have modification authority, a North Carolina court may still provide temporary enforcement of a valid out-of-state order.

Understanding the Problem

The narrow question is how a grandparent in North Carolina can pursue contempt when a parent allegedly violates an existing custody or visitation order by missing scheduled weekly calls and refusing to share the child’s address or school. The issue falls within North Carolina family law and focuses on enforcing an existing custody or visitation order, not changing it. Common concerns include which state’s court has power to act when a child has moved, what kind of contempt (civil or criminal) might apply, and what specific steps start the process when a file has supposedly been transferred but the “new” court cannot locate or assign the case.

Apply the Law

Under North Carolina law, a custody or visitation order is enforceable by contempt, and the parent or grandparent who is denied the ordered rights may file a motion asking the court to enforce the order. The court will look for a clear, valid custody order, willful violation by the other party, and the violating party’s ability to comply. When more than one state is involved, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) controls which state’s court has authority to enforce or modify the order, and North Carolina can sometimes enter a temporary enforcement order even if another state has primary modification authority.

Key Requirements

  • Existing, clear custody/visitation order: There must be a valid, written custody or visitation order that clearly provides for weekly calls or for sharing the child’s basic contact and school information.
  • Willful violation: The parent must have knowingly and intentionally disobeyed the order, with the ability to comply (for example, choosing not to answer calls or refusing to disclose the child’s address or school despite the order).
  • Proper court jurisdiction and procedure: The motion for contempt must be filed in a court that has jurisdiction under North Carolina’s custody and contempt statutes, following required notice and hearing procedures, and respecting UCCJEA rules when another state is involved.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a grandparent with partial physical custody under a prior order, where the child now lives with the other parent in another jurisdiction and the destination court cannot locate the transferred case. If the existing order clearly requires weekly calls and sharing the child’s address or school, willful noncompliance can support a contempt motion as long as the court with the order still has jurisdiction or North Carolina has proper authority under the UCCJEA. If the original state retained continuing jurisdiction and the transfer was never completed, the motion may need to be filed there; if North Carolina is the state asked to enforce an out-of-state order, it may first require registration of that order and then consider temporary enforcement.

Process & Timing

  1. Who files: The grandparent or other party whose custody or visitation rights were violated. Where: Typically in the district court that issued the existing custody order, or in the appropriate North Carolina district court if enforcement is sought here and the order is from another state. What: A verified motion for order to show cause or a motion for contempt, attaching a copy of the existing custody/visitation order and describing specific missed calls and withheld information; for out-of-state orders, often a petition to register the foreign custody order under Chapter 50A. When: As soon as the violations show a pattern or serious interference, without waiting for a long history of missed contact.
  2. The court (or clerk acting under local practice) reviews the motion and may issue an order to appear and show cause or set the matter for hearing. The responding parent must receive proper service of the motion and any show cause order under North Carolina procedure, and both sides have a chance to present evidence about the order, the alleged violations, and the parent’s ability to comply. Timing can vary by county, but hearings in active custody enforcement cases are often scheduled within several weeks.
  3. After the hearing, the judge decides whether the violations were willful and whether the parent had the ability to comply. If contempt is found, the court may impose civil remedies (such as coercive conditions to restore missed contact, require disclosure of the address and school, or award make-up visitation) and, in serious cases, criminal contempt sanctions. The court may also clarify or adjust logistics in the existing order and, if appropriate, may direct that the case be properly transferred or registered so that jurisdictional issues are resolved going forward.

Exceptions & Pitfalls

  • If the custody order does not clearly require weekly calls or sharing of the address or school, the court may deny contempt and instead suggest a motion to modify or clarify the order.
  • When a child has moved to another state and that state has become the child’s “home state” under the UCCJEA, modification may have to occur there, even if enforcement or temporary visitation is sought in North Carolina.
  • Failure to serve the other parent correctly with the motion and any show cause order can delay or defeat the contempt proceeding; strict attention to service rules is essential.
  • If the case was supposedly transferred but the receiving court cannot locate it, filing new pleadings without clarifying jurisdiction can lead to conflicting orders or dismissal; courts in the two states may need to confer to determine which court will keep the case.

Conclusion

To pursue contempt in North Carolina for missed weekly calls and refusal to share a child’s address or school, there must be a clear custody or visitation order, a willful violation, and a court with proper jurisdiction under North Carolina contempt and UCCJEA rules. The process starts with filing a motion for contempt or order to show cause in the correct district court, supported by the written order and specific examples of noncompliance. The essential next step is to confirm which court has custody jurisdiction and then file a detailed contempt motion in that court without delay.

Talk to a Family Law Attorney

If someone is dealing with missed weekly calls or a parent refusing to share a child’s address or school in violation of a custody order, our firm has experienced family law attorneys who can help explain enforcement options, jurisdiction issues, and next steps. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.