If your ex is refusing court ordered visitation, it’s important for you to understand your next steps. Child custody and visitation arrangements are designed to ensure that both parents maintain meaningful relationships with their children. However, if your ex is refusing to comply, it can quickly become frustrating and emotionally challenging.
Understanding Court-Ordered Visitation
When a court issues a visitation order in a child custody case, both parents are legally obligated to follow it. Refusing visitation without a valid reason—such as concerns for the child’s immediate safety—violates the court order and can result in legal consequences.
If your ex is refusing to honor your visitation rights, you should take the following steps:
Document the Violations: Keep a detailed record of all missed visits, including dates, times, and any communication with your ex about the issue. Save text messages, emails, and any other evidence that demonstrates their refusal to comply with the visitation order.
Communicate: Attempt to resolve the issue by discussing it with your ex in a respectful and calm manner. Sometimes, it’s possible to resolve misunderstandings or scheduling conflicts without legal action. If communication fails, consider hiring a neutral third-party mediator. Mediation can help both parties find a solution without escalating the conflict.
File a Motion to Enforce the Visitation Order: If your ex continues to deny visitation, you can file a motion to enforce the order with the court. This motion requests the court to reinforce the visitation schedule and impose penalties for noncompliance.
Seek Contempt of Court Charges: Refusing court-ordered visitation is a violation of the court’s authority. Filing a motion for contempt can result in consequences for your ex, such as fines, mandatory parenting classes, or even changes to custody arrangements.
If the visitation violations persist, you can request a modification of the custody order. Courts may adjust custody arrangements if one parent consistently fails to uphold the current agreement.
What the Court Considers
When addressing violations of a visitation order, the court evaluates several factors:
- The Best Interests of the Child: Courts prioritize the child’s well-being above all else. If your ex claims that denying visitation was necessary for the child’s safety, they must provide evidence to support this claim.
- Your Efforts to Maintain Visitation: Demonstrating that you made reasonable attempts to follow the order and maintain communication strengthens your case.
- Pattern of Noncompliance: Repeated violations by your ex carry more weight in court than isolated incidents.
When dealing with visitation issues, avoid actions that could harm your case, such as withholding child support or resorting to aggressive behavior. Working with a family law attorney can help you understand your option and what your next steps should be.
Tulsa County Visitation Attorneys
When your ex refuses court-ordered visitation, it’s important to act quickly and responsibly. Document the violations, communicate effectively, and involve the court if necessary. By enforcing your rights, you can protect your relationship with your child and ensure that the visitation order is upheld.
If you’re facing visitation issues, our team of family attorneys at Tulsa County Lawyers Group will guide you through your next steps. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
