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When Child Visitation Goes Wrong

20 November 2018

Tracy Roberts

Parents who divorce are wise to use great care when deciding on important issues like child custody and visitation. The plans you make will be known as a parenting plan and will become part of the final divorce decree. These plans are not just words on a document, however. They are orders, and failing to abide by them could cause problems with both your parent-child relationship and with the courts. Read on to find out what might happen when your spouse fails to abide by the visitation agreement.

What to Know About Visitation Agreements

There are several choices when it comes to custody, and the choice you and your spouse make when you divorce will influence visitation. In most cases, one parent takes on the responsibility of being named sole physical custodian of the minor child. That means that the other parent is awarded visitation. The child will live most of the time with the sole physical custodial parent and the rest of the time can be spent with the non-custodial parent using a visitation schedule. Most parents create their own visitation schedule, and when they both agree the judge is likely to approve it. Once approved, it becomes an order. If you are a non-custodial parent, you have not just a right to spend time with your child, but a legal obligation to do so.

When a Parent Refuses to Follow the Visitation Plan

Both parents are held responsible for following the plan, and they can take action if problems arise. If your ex-spouse is refusing to let you see your child, making excuses, making you wait or canceling your visitation dates without a valid reason, you have the right to request a hearing. Be sure to keep careful records of all instances of denied visitation. In many cases, the judge will order the parents to work out their differences using a mediator or to speak with a family counselor. Once you have exhausted those options and are still having problems with your ex, you may have a case for contempt of court.

Understanding Contempt of Court

When someone fails to follow a judge's order, they can be found to be in contempt of court. There must be an indication that the failure was willful and not the result of unexpected events. For example, if your child was sick and needed to rest in bed, your ex probably was within their rights to deny you visitation. Use your notes listing the instances of all problematic visitation events to help prove that your spouse is not following the visitation orders. The results can vary, but some potential outcomes are:

• Ordering the parent to allow "make-up" visitation days.
• Ordering the parent to pay your attorney's fees
• Jail time is possible, but rare.
• In extreme cases, the judge will order a new custody hearing be held.

Speak with your divorce attorney if you are having issues with your visitation plan, or contact a law office like New Direction Family Law today.

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