42-364.15. Enforcement of parenting time, visitation, or other access orders; procedure; costs.
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/ne/chapter-42/42-364-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any proceeding when a court has ordered a parent to pay, temporarily or permanently, any amount for the support of a minor child and in the same proceeding has ordered parenting time, visitation, or other access with any minor child on behalf of such parent, the court shall enforce its orders as follows:
(1)Upon the filing of a motion which is accompanied by an affidavit stating that either parent has unreasonably withheld or interfered with the exercise of the court order after notice to the parent and hearing, the court shall enter such orders as are reasonably necessary to enforce rights of either parent including the modification of previous court orders relating to parenting time, visitation, or other access. The court may use contempt powers to enforce its court orders relating to parenting time, visitation, or other access. The court may require either parent to file a bond or otherwise give security to insure his or her compliance with court order provisions; and
(2)Costs, including reasonable attorney's fees, may be taxed against a party found to be in contempt pursuant to this section.
Modifications to a parenting plan made after finding the father in contempt were remedial measures to gain compliance and were part of the equitable relief that the court was authorized to provide. Yori v. Helms, 307 Neb. 375, 949 N.W.2d 325 (2020).
A motion to show cause gave the custodial parent notice that she could be found in contempt for denying parenting time which also gave notice of a possible modification pursuant to this section. Martin v. Martin, 294 Neb. 106, 881 N.W.2d 174 (2016).
In contempt actions in domestic relations cases, a trial court is authorized to award attorney fees only against a party found to be in contempt under section 42-370 or this section, or, if a trial court determines the contempt action is frivolous, attorney fees may be awarded under section 25-824. Hawks v. Hawks, 32 Neb. App. 70, 993 N.W.2d 688 (2023).