Family Law

What Should You Do If The Other Parent Refuses Your Visitation?

By Ben Stevens

Question:  This is the weekend that I am scheduled to have visitation with my children.  If the children's mother does not bring them, should I try to have her held in contempt of court?  Should I file a police report, or what else can I do to help me with proof in court?

Answer:  If the Mother does not comply with the visitation requirements set forth in your Order, then you can (and probably should) consider filing a contempt action to enforce the Order.  If she is allowed to deny you visitation without penalty, it is very likely that she will continue to do so more frequently.

In order to maximize your chances of success in the contempt action, you need to have proof of her violations of the Order.  To prove that she failed to bring the children, you can certainly get a police report, as that is often a very helpful document to have later.  Another option is to have a witness present with you at the exchange time / location to verify that she did not have the children there for you.

Full post as published by SC Family Law Blog on August 11, 2008 (boomark / email).