Enforcing a Custody Order

When you have a visitation schedule that has been setup by a court order or other agreement it is best to keep up with those visitations. Most parents will do that because the plan was created with their input and it works for them. Issues in custody and visitation situations are hard to deal with, especially if visits are denied because there is a desire on the part of the denying parent to "get back" or "get even" with the denied parent. Some parents behave poorly and irresponsibly, not keeping their appointments consistently or at all.

Denying Access for Visitations

Sometimes legal action can be a vehicle to get you denied visitation appointments reinstated. If a parent is missing their appointments, often a legal action can force that parent back into their scheduled appointments. In any case, the children suffer most in a lot of cases because they don’t get the time with both parents that they often need and want.

Missing Visitations

In order to try to rectify the situation of the parent who misses their scheduled visitations, there may be a way to discuss the situation reasonably and determine whether some changes in the schedule can better accommodate any changes that may have caused this situation. If, however, a reasonable discussion isn’t possible because of some adverse relationship or other issues, you may need to engage with your lawyer or one who specializes in these matters. The lawyer will then attempt to enter into a negotiation to resolve the matter with the negligent parent directly or their lawyers. Advocacy on behalf of the children is the intention here. They are the ones who needs their interests looked out for. The other parent will see that this is a serious matter when the advocate approach is taken and having a lawyer who specifically has knowledge in this area and has successfully negotiated these matters before will bring quick closure hopefully to this matter. After all there are parents’ rights at stake but the children have rights too in this most unfortunate situation of being denied their access to both parents.

Withholding Visitations

The more serious situation of course is withholding visitation from a parent when the intentions are to deny those rights to the non-custodial parent and when the illegal activity of kidnapping is looming behind the scenes immediate legal action is often required. In this case the more immediate need dictates the actions of going to the police, or a sympathetic district attorney, filing for an immediate ex parte (emergency) hearing into the matter. Depending on the nature of the actions by the other parent, the court may be asking for a permanent order to deal with the issue.

Less severe actions that are hampering the visitation activities can be handled more simply when discussions aren’t working or are impractical with the courts by filing a contempt of court. Since orders of custody and visitation were originally issued by the court as a part of the divorce proceedings, failing to follow them is a contempt of court.

There are a lot of other concerns and issues that get raised during the implementation of the visitation schedule and other terms of the custody agreement. Be prepared to take action when it’s called for and remain calm and determined to look out for the needs of the children in all actions.

Contact a child custody attorney in your area today!