(a) Except as provided in Section 30-3-167, if a person required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to provide the notice or the information required by subsection (b) of Section 30-3-165, the court shall consider the failure to provide such notice or information as a factor in making its determination regarding the change of principal residence of a child; a factor in determining whether custody or visitation should be modified; a factor for ordering the return of the child to the former residence of the child if the change of principal residence of a child has taken place without notice; a factor meriting a deviation from the child support guidelines; a factor in awarding increased transportation and communication expenses with the child; and a factor in considering whether the person seeking to change the principal residence of a child may be ordered to pay reasonable costs and attorney's fees incurred by the person objecting to the change.
(b) Additionally, the court may make a finding of contempt of court if a party willfully and intentionally violates the notice requirement of an order issued by any court pursuant to Section 30-3-166 and may impose the sanctions authorized by law or rule of court for disobedience of a court order.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 3 - Child Custody and Support.
Article 7A - Alabama Parent-Child Relationship Protection Act.
Section 30-3-160 - Short Title.
Section 30-3-161 - Definitions.
Section 30-3-162 - Applicability.
Section 30-3-163 - Change of Principal Residence - Child.
Section 30-3-164 - Change of Principal Residence - Custodial Party, Persons With Visitation Rights.
Section 30-3-166 - Language Required in Child Custody Determination.
Section 30-3-167 - Disclosure Exceptions.
Section 30-3-168 - Failure to Give Notice.
Section 30-3-169 - Objection to Change of Principal Residence.
Section 30-3-169.1 - Proceedings.
Section 30-3-169.2 - Court Order.
Section 30-3-169.3 - Change of Custody.
Section 30-3-169.4 - Burden of Proof.
Section 30-3-169.5 - Obstructions to Custody or Visitation.
Section 30-3-169.6 - Sanctions.
Section 30-3-169.7 - Change of Principal Residence Raised in Conjunction With Other Petition.
Section 30-3-169.8 - Award of Expenses.
Section 30-3-169.9 - Change of Principal Residence Outside State.