Parents who continuously violate custody orders need to be made aware that, in the long run, they risk losing primary custody of the children. The downside to this is that it may be disturbing for the children to see the police come and facilitate the exchange, but it is an option that can result in immediate compliance with the court’s order. If any of these reasons concerns the endangerment of a child’s safety, then the court will allow it. If a parent is currently under the influence of illicit drugs the court may require supervised visitation as part of the parenting plan. Co-parenting can be tough, especially if your ex-spouse does not follow the visitation order. Let your child express their feelings to you without judgment. When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. It can be kept private for your own records or shared with your co-parent, your attorney, or anyone else you are working with on OFW. In nearly any situation like this, properly notifying your co-parent and documenting what occurred is key. Your attorney will be the best person to seek direct guidance from when faced with this issue. Promote the fact that both you and your co-parent love your child and that it's vital for them to spend time with each of you, even if they don't see it the same way. If the opposite is happening—even if it's what the child wants—courts may not look as favorably upon the parent who appears to be preventing visitations. They can attempt to communicate with the other parent to learn why they are not participating in scheduled visitations. If the reason does not directly impact their safety or well-being, your child should attend visitations. If your child is refusing to spend time with or stay with their other parent, you have a responsibility to manage the situation as appropriately and positively as you can. https://www.law4jax.com/what-to-do-if-a-custodial-parent-refuses-visitation But that doesn't reduce your responsibility towards your parenting agreement. This website and the content herein is an advertisement. “Strategy.Guidance.Teamwork.®” is a registered trademark (®) of the Van Oorschot Law Group, PC. Get our newsletter for OFW FAQs, co-parenting tips, and much more. Working with a professional to help the parents resolve their disputes may be an investment in the future. The custodial parent’s attorney has a … Encouraging your co-parent to reach out to your child through phone calls or video chats can provide a way for them to connect with your child in a low-stress environment. No matter the reason for not wanting to see their other parent, custodial parents are responsible for making sure that their child sees their other parent. Many non-custodial parents simply give up at … When it's a teenager who is refusing visitation, the court may look at the situation differently than they would if it was a young child. When it's a teenager who is refusing visitation, the court may look at the situation differently than they would if it was a young child. Spending the time and money to craft detailed custodial orders is an important way to minimize, if not eliminate, the opportunity for one or both parents to take advantage of confusion or loopholes in the arrangement. In cases where child visitation rights are denied, the non-custodial parent may still be ordered to pay child support to the parent with physical custody. Seeking legal advice sooner rather than later is critical. If a court order exists, call the police if the other parent does not exchange the children as required. Parental abduction means the non-custodial parent takes the child without permission or refuses to return the child after a designated visitation time. Your attorney may advise you when can you deny visitation to the non-custodial parent and when allowing visitation may work in your favor. Contempt in family law is a quasi-criminal action and the penalty includes the possibility of jail time. Sometimes the refusal of a parent to follow the order is blatant but more often it is subtle. Conduct custodial exchanges at school. For example, a custodial parent can successfully block visitation due to the threat of physical or emotional abuse. Due to their visitation time being compromised, the other parent could file an Order to Show Cause. Request modification of custody. Additionally, consider your own behavior and how that could be influencing your child not to want to see their other parent. If the custodial parent still doesn't follow the order, the court can punish the custodial parent with fines or even jail. Depending on the situation, a family meeting may provide an excellent opportunity to address the issue as a group. It may take time to change your child's perspective, but do your best to keep a positive outlook on the situation. According to Florida law, every child under the age of 18 has the right to the support of both parents, including the non-custodial parent. In fact, missing out on them could put your family in a tough legal position. Visitation Refusal During COVID-19. Your child refusing to visit or stay with their other parent is a tough position for parents to be in, and how you handle it as a family can speak volumes to how the situation is resolved. Even worse, a parent may schedule an activity and get the children excited about it, knowing the activity conflicts with the other parent’s custodial time. Q What is a "non-custodial" parent? The non-custodial parent may feel betrayed and hurt. Badmouthing your co-parent in front of your child or interrogating your child about the visitation once they get home could influence your child's desire to be with their other parent. The reasons as to why your child is refusing visitation with your co-parent are unique to your situation, but some causes might include: If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If a non-custodial parent has an informal child custody agreement with the custodial parent, it might be best to put the agreement in writing. When a child refuses to visit the other parent, it can cause problems for both parties--including a disruption of a parenting schedule both parents have worked around and adjusted to. Therapeutic visitation is a possible course of action. If they are a custodial parent, they can lose their custody rights to the child, or have their custody reduced. Call police. Yes. Electronic Payment Policy. Show them that you understand their concerns by considering those as a whole family. On the other hand, a custodial parent can more liberally deny visitation for a number of reasons. Keep in mind that your child missing scheduled visitation with your co-parent could put you and your family in a legal bind. 7 Plan Ahead for Visits Let your child know that you will miss them but that you want them to spend this time with their other parent. Disclaimer: Materials on this website have been prepared by the Van Oorschot Law Group PC for general information purposes only and are not legal advice. Nothing on this website may be copied without the express written permission of the Van Oorschot Law Group, PC in advance. If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. The restructuring of your most intimate relationship to an adversarial or, at best, a business relationship, is hugely disorienting. If the custodial parent is proven to cause problems with facilitating visitation, it may be in the children’s best interest for custody to be switched to the other (and currently non-custodial) parent. The Custody Agreement. There are several impacting factors found within a custody agreement that may alter a parent’s ability to take their child out of state for travel. If the child refuses to participate in visitation despite a custodial parent’s best efforts, it is better for the custodial parent to get the courts involved early in the process so as to avoid the possibility that fault is attributed to the custodial parent. A. Sometimes the threat of jail will get the violating parent’s attention. Keep in mind that you are the one calling the shots, not your child. Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. This is a serious legal matter, and you have the right to fight for the safe return of your child and the restoration of your parental rights. See for yourself how the OFW toolset can transform your co-parenting. Our job is to help you understand what you can expect, set realistic goals and then help you finalize your divorce as quickly and fairly as possible. If the custodial parent suspects that the non-custodial parent is abusing the child, then the custodial parent should report this immediately. Whatever the reason, it can put you in a bad position. You may have to pay the non-custodial parent’s attorney fees. What if the custodial parent … No matter the reason as to why your child is refusing to spend time with their other parent, you must manage this situation in an appropriate, fair manner. Because Courts often encourage contact with both parents, a case must be made to show why the non-custodial parent is unfit. This is a long and expensive process, but in the end, it may be the best for the children. Legal Actions a Parent Can Take If a parent refuses to return the child to the parent who has physical custody, the non-violating parent can choose from several paths of legal action. The Court may, however, look to ensure that the custodial parent is not inconvenienced by the missed/late visits by imposing conditions for notice. This will remove the likelihood of a parent being late or acting in other ways to frustrate the visitation. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits. While their desire not to see the other parent may be totally out of your control, the consequences of your child refusing to attend visitations could impact your whole family. Before your child leaves to visit or stay for an extended time with your co-parent, make sure they have everything they need packed and ready to go. 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. In many instances, when a non-custodial parent fails to exercise parenting time, the goal should be to bring that parent back into the child’s life to ensure that both parents are as involved as possible with the lives of their children. The parent with sole custody may not deprive a non-custodial parent of visitation by not producing the child any more than a parent without custody can fail … Please call to schedule an appointment:310-820-3414. Strategy.Guidance.Teamwork.® How family law works. Self-help is kidnapping; a non-custodial parent cannot simply “take” the children whenever they want, or for a period of time beyond the visitation schedule because the custodial parent will probably call the police and have the non-custodial parent arrested for kidnapping. Seek high conflict counseling or a Parenting Plan Coordinator for the parents. Of course, this is a particularly emotional situation, and feelings of guilt could be influencing your decisions. The court can also change the visitation or even the custody order if the custodial parent continues to refuse to follow the court's order. Navigating child custody laws in California can seem like a daunting task for parents. Even as that parent does their best to explain to the judge why their child is resisting the visitation schedule, it's the judge who will have to be convinced and believe that it is the child who is resisting visitation.

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