How to enforce parenting time and stop visitation interference

mens divorce lawyerQuestion:

My child’s mother is refusing to allow me the court-ordered visitation time saying the child doesn’t want to see me.

How can I enforce the parenting time court order and stop this visitation interference?

Also, if she has denied me visitation on multiple occasions, does that count as one violation of the court order or is each one a separate violation?

Answer:

I can give you a general overview of the law regarding visitation interference.

If you have a court order in place giving you visitation with your child, and the child’s mother refuses to have the child available for visitation during the designated periods, you should call the police to enforce the order.

Each instance of visitation interference is a separate violation. Therefore, you may call the police every time the child’s mother refuses your visitation. Make sure that you have a copy of the court order available to show the police in the event of a violation.

If the child’s mother continues to interfere with your visitation rights, you may want to seek court action to enforce your visitation rights.

In Illinois, where I practice law, visitation rights may be enforced through the family law courts, or through criminal prosecution.

If a violation for visitation interference is brought in the family law courts, civil remedies typically result in a modification of the parenting schedule, such as providing the parent who was denied visitation with more time or “make-up time” with the child.

Under the criminal law in Illinois, visitation interference is a “petty offence” (like a traffic ticket) for the first two violations and after that becomes a Class A misdemeanor.

You should contact a qualified domestic relations attorney, such as Cordell & Cordell, for more information as what I have provided you is only general in nature.

To schedule an appointment with a Cordell & Cordell attorney, including Erin Brockhoff, an Associate Attorney in the Belleville, Illinois office, please contact Cordell & Cordell.

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3 comments on “How to enforce parenting time and stop visitation interference

    My daughter Mother is refusing to let me take my daughter to New Jersey the Family Court gave me 2 days to take my daughter a week and I haven’t taking my daughter to New Jersey for two weeks already. That’s because I stopped giving her money which she broke up with me in May 2013 when we got arrested for Verbal interactions. But, I still helped her out with her bills and I had to stop because she don’t appreciate me and I was doing it for 2 yrs because I wanted to work it out with her but the true colors came out of her. HOWEVER, SHE Wants to tell me I need Counseling she is just messing with me because I stopped giving her money and I take care of my daughter. She been on Welfare since I met her.

    Is a question. This is my last,weekend of July with my son. I had all of july with him. His mother is suppose to get him back this coming sunday 8/2/15. My first weekend of august is 7-9. She says I’m not getting him after having him a month! Can I just,keep him to insure I get my weekend or just send him home knowing im not gonna see him for two,weeks probably

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