When does a parent refuse to comply with court ordered visitation?

Please call to schedule an appointment: When a Parent Refuses to Comply with Court Ordered Visitation. One of the most frustrating family law situations is when one parent has a court order for specific visitation (also called timesharing or parenting plan) but the other parent refuses to follow the court’s orders.

How to deal with an ex spouse withholding child visitation?

If your attorney reaches out to the custodial parent (or the custodial parent’s attorney) with a letter stating that the interference with visitation is unacceptable, and you are willing to go to court to enforce your rights, it may be enough to encourage the custodial parent to comply with the visitation order and schedule your make-up time.

Can you have visitation if you have a difficult ex?

It is already problematic enough to maintain a strong relationship with your children when you are limited to such a relatively small amount of visitation, and this becomes even more complicated when you have a… difficult… ex who doesn’t seem to think your days are important.

What are the laws on custody and visitation?

Custody laws require that judges consider the best interests of the child when ruling on custody and visitation matters. Most states have enacted laws or have specific case law that lists the factors used in determining the best interest of the child.

What happens if an ex refuses a visitation order?

Since a visitation order from the court is legally binding, the court can hold your ex accountable for any violations. Although you may pursue this independently, this is the point where the majority of people turn to an attorney for assistance.

Can a judge give you a visitation order?

Therefore, a judge will not look favorably upon you interfering with your ex-husband’s relationship with your children. If there is a proven history of child neglect or abuse by him toward your boys, then your interference may be deemed justified and not harm your position when you seek and obtain a visitation order from the court.

Who is the parent with the visitation rights?

In such cases, the parent with the rights is called the custodial parent, while the other is called the non-custodial parent; Various other types of custody rights. Child visitation refers to the rights that a parent has to visit a child, or to have the child stay with them for a short period of time.

What to do if your ex is interfering with visitation?

Talk to your ex and ask them to help out. If that doesn’t work, send them a cordial letter via certified mail listing the parental duties and requesting that they take over some of them. If they do not respond or start pitching in within two or three weeks, you may have to go to court to change anything.

Can you get a court order for visitation?

If there is a proven history of child neglect or abuse by him toward your boys, then your interference may be deemed justified and not harm your position when you seek and obtain a visitation order from the court. Usually, “self-help” methods are not condoned by the judge.

What happens if you violate a child custody order?

Violations of a court order for child custody or visitation can lead to serious consequences. First, since the arrangement is essentially a court order, violating a child custody or visitation agreement can lead to contempt of court issues. This can result in consequences including possible criminal penalties such as fines or jail time.

Can a court order an ex to stay away from children?

Of course this presumes that your Ex has valid custody or access rights and is exercising them in a reasonable and appropriate manner, with no concerns over the child’s health, safety or well-being. If there is doubt, a court will certainly assess the situation from the vantage point of what is in the children’s best interests.

Can a police officer enforce visitation between parents?

However, many police departments do not want to get involved in domestic disputes. Additionally, trying to enforce visitation by the police will create more hostility between the parents, and it doesn’t make for happy memories for the child.