My Child’s Parent Refuses To Honor My Visitation Order. What Happens Now?

Oftentimes, a parent may choose to withhold child visitation with the other parent. This article will discuss what one parent should do in situations where the other parent withholds visitation.

What are some reasons why a parent may choose to withhold visitation?

It is important to understand that unless a child is at risk of imminent harm, it is unacceptable to withhold visitation. However, some of the most common reasons that a parent may still do so include the following-

• The parent has a desire to punish or retaliate against the other parent for past actions.
• The parent is acting out of anger and resentment over a divorce.
• The other parent hasn’t been on time in the past for custody exchanges.
• The other parent has withheld visitation from the parent in the past.
• The child doesn’t want to visit the other parent.
• The other parent hasn’t paid child or spousal support.
• The parent believes that the other parent isn’t a good parent or can’t care for the child.

What will the court do if a parent withholds visitation from the other parent?

If a parent withholds visitation from the other parent and there is a visitation order in place, the other parent should inform the court who issued the order. The judge will then take one or more of the following actions:

1. Award the parent denied time a sufficient amount of extra visitation time to compensate for the visitation time missed (by calculating the amount of visitation time that was improperly denied). Such extra visitation time will be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the parent who was deprived of visitation.
2. Order the parent who did not provide visitation or did not properly exercise visitation under the order to pay reasonable court costs and attorney’s fees incurred by the non offending parent to enforce the visitation order.
3. Order the parent who did not provide visitation or did not properly exercise visitation under the order to attend a parenting course approved by the judicial circuit.
4. Order the parent who did not provide visitation or did not properly exercise visitation under the order community service, so long as this order will not interfere with the welfare of the child.
5. Order the parent who did not provide visitation or did not properly exercise visitation under the order to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than 60 miles from the other parent.
6. Modify the parenting plan (upon the request of the parent who did not violate the visitation order), so long as modification is in the best interests of the child.
7. Impose any other reasonable sanction as a result of noncompliance.

Consult an Orlando Attorney for All of Your Family Law Needs

Arwani Law Firm can assist you with all of your family law needs. We have experience with several areas of family law, including divorce, property division, child custody, child support, and visitation. Contact us today to schedule a time to speak with one of our Orlando family law attorneys.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html