When a couple that shares children divorce, the law expects both parties to work out a parenting plan that fosters a healthy bond with the kids. The goal is to ensure that the children’s best interest is preserved even after the breakdown of the family unit.
A custody and visitation order is binding, meaning that both parties are required to abide by its provisions. However, it is not uncommon for the custodial parent to deny the other parent their visitation rights. This can be quite frustrating. Fortunately, you can take a number of steps if your visitation rights are being violated. Here are some of them:
Give dialogue a chance
Sometimes, personal commitments may prevent your ex from availing the child for visitation. This can be in the form of a change in their work or schooling schedule. If this is the case, talking to your ex about the missed visitation, and possibly rescheduling visitation days, may resolve the matter.
Document missed visitations
Even after talking to your ex about missed visitation and reaching an agreement, it is important that you create a diary of all the missed visitations. This is important should the matter end up in court someday. While documenting missed visitations, be sure to include dates as well as whether you talked to your ex about them. It is equally important that you include a note on their response to your concerns.
Seek the court’s intervention
If your ex is unwilling to resolve the matter and still preventing you from seeing your child, you may need to take the matter to court. Basically, this amounts to contempt that is punishable in law.
Violating an existing court order like a child custody and visitation arrangement is a serious offense. Find out how you can safeguard your rights if your ex is violating your visitation rights.