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?
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.