What should someone do if one parent is preventing visits with their child? The first thing you need to look at is whether or not there is a parenting plan in place because that is what we’re seeking to enforce. If there’s no parenting plan in place, then either parent has an equal right to the child and there’s really nothing that you can do in terms of parenting time unless you have an order that you can enforce. It would be important to come in and speak to me about what a parenting plan would look like if you don’t have one.
Otherwise, possibly remedies for you include filing a contempt action against the other parent, alleging that that parent is in violation of a court order, in other words, the parenting plan, and is not following it. You can, in some circumstances, get your attorney’s fees if you’re successful in your contempt proceeding. You can also ask if the other parent be tossed in jail if the situation is bad enough. Other options would be a verified motion to enforce parenting time orders. That is a fairly expedited procedure where the court will look at your motion and determine whether or not it should be set for hearing or order to mediation or dismissed if it’s not with merit. Again, you can get your attorney’s fees if you are successful in a verified motion to enforce parenting time orders.
If you have any questions about enforcing aspects or you’re concerned that you’re not getting the parenting time that you’re supposed to be having, please make an appointment. Come in and talk to me. We can talk about your unique situation and see what we can do to move forward with your case.