Your first answer to an ex-wife defying the court’s instructions by refusing you to see or interact with your own children is to discuss with your lawyer a contempt motion based on visitation interference. Virtual Visitation & Great Recordkeeping
Full Answer
 · In some instances, your child may be refusing to see you because your visitation schedule overlaps with a school activity or a sporting event. One way to resolve this issue and prevent your ex from keeping you from spending time with your child is to file a visitation modification request with the court. By going through the court system to make this change, …
 · The offender is in contempt of the court, and few Virginia judges take kindly to such disrespect. Your first answer to an ex-wife defying the court’s instructions by refusing you to see or interact with your own children is to discuss with your lawyer a contempt motion based on visitation interference. Virtual Visitation & Great Recordkeeping
 · Legitimate Concerns About Safety. If you fear that your ex is a danger to you or your children, the court will treat the issue as a legitimate and serious concern. In general, judges are careful to thoroughly investigate allegations of abuse, threats of violence, and any form of domestic violence before making a child custody determination. 1.
Most of the time, when the other parent refuses to follow the visitation schedule and won't schedule make-up time, you should contact a local attorney for help. Your attorney can help you decide the best way to enforce the custody order. Custody disputes are often resolved in one of the two following ways: Child custody mediation.
In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.
18At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.
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 the reason does not directly impact their safety or well-being, your child should attend visitations.
You may or may not be able to stop the other parent's significant other from being around your child. In general, you do not have the power to dictate which adults are around your child when they are with the other parent.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
If your child is refusing contact with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your lawyer or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should spend time with their other parent.
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.
You should also contact your attorney to let them know that you suspect parental alienation so that they can address your suspicions through legal avenues. If you are comfortable, you could also discuss your concerns about parental alienation with your child's other parent.
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
I'm often asked if there is a way for a parent to stop their child spending time with the other parent's new partner. The short answer is no. Both parents have parental responsibility and they are able to exercise that responsibility in whatever way they see fit.
If you both agree, no one has to allow visitation. You can put that in your custody agreement or court order, and that's fine. If you disagree, though, your child's father will likely be allowed to involve her to the extent he deems appropriate during his parenting time.
Electronic visitation includes (but is not limited to) telephone calls, social media, Skype contact, e-mail, or text. This means you have an easy time keeping records of visitation denial. Say you call and cannot reach either child or ex-wife, though you expected to reach one or the other.
To hold someone in contempt, in the legal sense, means the court finds the person is not respecting the court, its decrees, and the judge. The offender is in contempt of the court, and few Virginia judges take kindly to such disrespect. Your first answer to an ex-wife defying the court’s instructions by refusing you to see or interact ...
To hold someone in contempt, in the legal sense, means the court finds the person is not respecting the court, its decrees, and the judge. The offender is in contempt of the court, and few Virginia judges take kindly to such disrespect.
Today in Virginia you can “visit” with your kids even if you are in the office at Virginia Beach and your kids are at Disney World. Electronic visitation includes (but is not limited to) telephone calls, social media, Skype contact, e-mail, or text. This means you have an easy time keeping records of visitation denial.
During the investigation, the judge may allow the accused parent to spend time with your children. In some cases, visits may be supervised or take place in a neutral setting to ensure the children’s safety.
If you have not yet filed for custody, then you can file for custody in court, explain your fears, and present a case for sole physical custody ...
Legitimate Concerns About Safety. If you fear that your ex is a danger to you or your children, the court will treat the issue as a legitimate and serious concern. In general, judges are careful to thoroughly investigate allegations of abuse, threats of violence, and any form of domestic violence before making a child custody determination. 1 .
If you fear that your ex is a danger to you or your children, the court will treat the issue as a legitimate and serious concern. In general, judges are careful to thoroughly investigate allegations of abuse, threats of violence, and any form of domestic violence before making a child custody determination. 1 .
Accused of Making False Accusations. You can take several steps to support your case if your ex accuses you of making false allegations. If your ex has physically or emotionally abused you or your child in the past, you should make sure you have documentation detailing the events.
The therapist will review your child’s case and can present an expert opinion to support your claim. 2 . In disputed cases before a judge, the judge may order another therapist to evaluate your child to get a second opinion.
In disputed cases before a judge, the judge may order another therapist to evaluate your child to get a second opinion. Unfortunately, this means your child may be subjected to multiple evaluations and interviews to verify the abuse or harm.
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.
Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.
Unfortunately, some divorced parents just can't seem to co-parent successfully. Often, custodial parents will (without any cause) prevent non-custodial parents from seeing their children for months and sometimes, years. Many non-custodial parents accept this behavior, but what they don't realize is that they do have options to remedy these types ...
If the custodial parent will not schedule make-up dates, the non-custod ial parent can take other measures. Other measures, however, should ...
If you stop paying child support, you are violating a court order and may be held in contempt of court by a judge who can impose serious penalties on you, such as monetary fines and jail time. Whatever you do, do not stop making your court-ordered child support payments on time.
If the custodial parent will not schedule make-up dates, the non-custodial parent can take other measures. Other measures, however, should never include withholding child support or resorting to self-help. Child support and visitation are not related.
Visitation refusal is any form of interference of a timesharing or parenting plan by a spouse. If your Ex does not cooperate with a court ordered child custody or visitation arrangement, what should you do?
Florida laws refer to child custody and visitation in terms of timesharing which is governed by a shared parenting plan. These are court orders, binding on the divorced parties.
If you are an unmarried father of a child, in order for you to be able to claim parenting time, you must first establish paternity of the child.
Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to . A child so close to majority usually has his preference followed. You're doing the right thing in encouraging him to go, but it's up to him.
If you don’t comply with the visitation schedule, you can get in trouble for not making them go. On the other hand, it is pretty difficult to force a teenager to visit the other parent if they don’t want to. If you’re facing this situation, keep reading to learn what your options are.
When Your Child Refuses Visitation. Many divorced parents experience times when their child refuses visitation with the other parent. This leaves them wondering about the reasons for their resistance and what they can do about it. As kids get older, they sometimes resent how visitation seems to interrupt their plans.
If you don’t comply with the visitation schedule, you can get in trouble for not making them go. On the other hand, it is pretty difficult to force a teenager to visit the other parent if they don’t want to. If you’re facing this situation, keep reading to learn what your options are.
The decision is never completely up to the child. The thing to understand is that most kids go through phases where they want to spend less time with one parent or the other. The request in and of itself is not going to be enough.
In fact, it is your responsibility as the custodial parent to encourage her to go and help her work through her feelings. This is not at all abnormal. Most kids have resistance to visitation at some point. If you give in, you're giving the child control of the situation. Instead, I would suggest several things.
Brette's Answer: You can subpoena her counselor. A finding of child abuse is significant and persuasive to the court. If you have a written agreement that your daughter could choose to go or not, he doesn't have much to stand on to accuse you of custodial interference. You need to get an attorney.
If you and the other parent do not have a court-ordered visitation schedule currently in place, this would be a good time to go to court and create a formal child custody arrangement. At the hearing, you can share your concerns and explain to the judge why you believe visitation would pose a threat to your children. 1 .
If you believe your children are in imminent danger, you should not send them for the visit. However, if there is a court-ordered custody arrangement already in place, you could be held in contempt of court. 3 
Janelle fears for her kids' safety when she sends them for visits because of her ex's history of domestic violence and alcohol abuse.
From the perspective of the courts, visitation orders ensure that both parents spend time with their children. In general, courts tend to favor arrangements where children maintain a bond with both parents, even when they reside primarily with one or the other. 1 .
1 . However, there are some limited instances where a parent can seek to revoke or limit the other parent’s visitation privileges.
In some states, a parent can refuse visitation if the other parent's living arrangements are considered dangerous, such as if the parent improperly stores weapons in their living space. 4 .
What to Do After Refusing Visitation. If you have a decent relationship with your ex and your concern is something they can rectify, try talking about the issue. For example, if your concern is over the proper use of child car seats, ask them to have the car seats inspected. Most police departments will do that for free.
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. Sometimes the refusal of a parent to follow the order is blatant but more often it is subtle. The blatant example is the out-and-out ...
Call police. If a court order exists, call the police if the other parent does not exchange the children as required. 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. Pursue a contempt action.
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. The latter example places the other parent in the toughest position because, although he or she did not approve of the activity, it is difficult to be the parent who disappoints ...
Counseling will help the parents develop tools to resolve their conflicts and to work with the therapist in reaching agreements. A Parenting Plan Coordinator (PPC) can only be appointed if the parents agree because a PPC becomes a decision maker, much like a judge.
When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. On one hand, the custodial parent doesn’t want to face penalties or possible jail-time for violating a court-imposed custody schedule. The custodial parent’s attorney has a duty to help the client avoid these situations.
1. When your child refuses to visit with the other parent, document your attempts to adhere to the custody schedule. First, the custodial parent should document every step he or she takes to adhere to the schedule.
The court may also discount or outright ignore compelling evidence of the child’s psychological distress. The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule. These are serious situations, and they do occur.
Sometimes one parent is simply unwilling to relinquish the children. These situations reflect about 90% of the custody disputes out there. They are not legitimate reasons for refusing to follow court orders. However, it is not unheard of that a threat to a child’s well-being exists.
However, it is not unheard of that a threat to a child’s well-being exists. Or the custodial parent is simply unable to physically force an older child to follow the custody schedule.
1. When your child refuses to visit with the other parent, document your attempts to adhere to the custody schedule. First, the custodial parent should document every step he or she takes to adhere to the schedule. Record dates and times your child refuses and the circumstances surrounding the refusal. Record your attempts to have the child honor ...
The custodial parent’s attorney has a duty to help the client avoid these situations. But on the other hand, the parent naturally wants to protect the child from potential psychological or physical trauma resulting from forcing the child to visit an untrustworthy parent. Sometimes, judges will lay the blame entirely on the custodial parent ...