If the court has given your ex-spouse visitation rights, the court may consider stopping or interfering with these visits as contempt. A parent might want to limit their ex-spouse’s visits for many reasons, from personal conflicts to genuine concerns about the child’s safety. However, it’s important to follow the proper legal process if one wants to modify the current visitation schedule. Simply ignoring or denying it can lead to serious repercussions.
What does contempt of court mean?
Contempt of court means someone has deliberately disobeyed a court order. In terms of visitation rights, this happens when one parent doesn’t follow the court-ordered visitation schedule. The court takes these violations seriously because they disrupt the legal process and can harm the child’s relationship with both parents.
The court can fine the parent who doesn’t comply or make them pay the other parent’s legal fees. The parent might even face jail time in severe cases, which can involve repeated violations or serious interference. Sometimes, the court might change the custody or visitation order to ensure compliance. This can happen if there is a pattern of noncompliance or if the child’s best interests are at risk.
What constitutes denial of visitation rights?
The court looks at both the intent and actions of the parent to decide if they denied the other parent their visitation rights. Denial can include:
- Refusing to let the other parent see the child during their scheduled visitation time
- Not returning the child to the other parent at the agreed time
- Doing things that disrupt or prevent the other parent’s visitation, like scheduling conflicting activities
Every situation is different. The court could drop the charges if the parent genuinely tried to follow the visitation order but faced unavoidable issues, like a sudden illness or accident. The court can also drop the charges if the parent can prove that denying visitation was necessary to protect the child’s safety or well-being. This might happen if there are signs of abuse, neglect or substance abuse by the other parent. However, strong evidence is needed. It’s important to consult with an attorney when making your case.
Facing a contempt of court action?
Whether it’s due to job loss, prolonged unemployment or other extraordinary circumstances, you have the right to defend your side of the story. Know that you have legal options and resources available.
