(a) When a family court order provides for specific periods of visitation for a non-custodial person, and the custodial person fails to comply with the provisions regarding visitation, the non-custodial person may ask the family court, by pro se affidavit, for a hearing to determine whether the custodial person shall be held in contempt or the visitation provisions should be modified. (b) When a family court order provides for specific periods of visitation for the non-custodial person and the non-custodial person refuses to return the child to the custodial person at the end of the period of visitation, the custodial person may ask the family court, by pro se affidavit, for a hearing to determine whether the non-custodial person should be held in contempt and for an order requiring return of the child. (c) Whenever a person requests relief pursuant to this rule, the clerk of court shall issue a rule to show cause, and shall attach the pro se affidavit and a copy of the visitation order allegedly violated, directing the other person to appear in court at a specific time and date. The hearing shall be scheduled within thirty days of the date the pro se affidavit is filed. A rule issued pursuant to this section shall have the same force and effect as a rule to show cause issued by a judge. The petitioning person shall be responsible for arrangements and costs of serving the rule, affidavit, and order. (d) If requested in the pro se affidavit or at the hearing, the court may include in its final order a provision modifying the terms of visitation if the best interests of the child would be served thereby.
