Section YAE.08.13 — Enforcement Of Physical Placement Orders

(a) A party who has been awarded periods of physical placement may file a motion for enforcement of the physical placement order with the Court, if the party has had one or more periods of physical placement denied by the other party or substantially interfered with by the other party. The motion shall allege facts sufficient to show such denial or interference and request the imposition of a remedy or any combination of remedies.

(b) The moving party shall serve a copy of the motion upon the responding party by personal service. The responding party may respond to the motion either in writing before or at the hearing or orally at the hearing.

(c) The Court shall hold a hearing on the motion no later than thirty (30) days after the motion has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the Court. The Court may order that a guardian ad litem be appointed for the child prior to the hearing.

(d) If at the conclusion of the hearing, the Court finds that the responding party has intentionally and unreasonably denied the moving party one or more periods of physical placement or that the responding party has intentionally and unreasonably interfered with one or more of the moving party's periods of physical placement, then:

(1) the Court shall:

(A) grant additional periods of physical placement to replace those denied or interfered with; and

(B) award the moving party a reasonable amount for the cost of maintaining an action under this section and for attorney fees.

(2) the Court may also:

(A) issue an order specifying the times for the exercise of periods of physical placement;

(B) find the responding party in contempt; and/or

(C) grant an injunction ordering the responding party to strictly comply with the judgment or order relating to the award of physical placement.

(D) issue an order requiring the responding party to pay to the moving party a sum of money sufficient to compensate the moving party for any financial loss or expenses associated with the periods of physical placement that were denied or interfered with.

(e) The Court may not permanently modify an order of legal custody or physical placement in an action under this section.