Can My Ex Stop Me From Seeing My Child in Violation of Our Parenting Plan?

 Posted on March 31, 2022 in Child Custody

Divorcing spouses with children are subject to a parenting plan that describes the allocation of parental responsibilities and each parent’s right to parenting time. This parenting plan is incorporated into the final divorce decree and becomes a legally binding agreement. Parents cannot withhold parenting time from the other parent or otherwise deviate from the parenting plan. If your child’s other parent is not letting you spend time with your child, it is important to know your rights.

Visitation Abuse in Illinois

Not letting a parent see his or her children in violation of a parenting plan is sometimes called visitation abuse or “abuse of allocated parenting time.” The other parent may claim that the child does not want to see you, “forget” about your parenting time, or refuse to let you pick the child up for your scheduled parenting time.

Parenting time abuse is not mixing up the parenting time schedule once or twice, or making honest mistakes. Abuse of allocated parenting time occurs when a parent is willfully non-compliant.

Legal Remedies for Parents in This Situation

If your ex is refusing to comply with your Court-ordered parenting time schedule, you may be able to take legal action to enforce the parenting plan. Depending on the situation, the Court may choose to impose remedies including but not limited to:

• Modifying the allocation of parenting time
• Requiring the parent(s) to attend parental education programs
• Requiring family or individual counseling
• Requiring the non-complying parent to post bond to ensure compliance with the parenting plan
• Requiring makeup parenting time for the parent who lost parenting time
• Requiring the non-complying parent to reimburse the other parent for legal fees and other costs
• Contempt of Court charges
• Civil fines

If your child’s parent will not let you see your child and there is not a valid reason like a protective order against you, contact a family law attorney for help.

Contact an Arlington Heights Parenting Time Abuse Lawyer

Parents cannot withhold parenting time in violation of a parenting plan. If you are not being permitted to spend time with your child, contact Palatine family law attorney Nicholas W. Richardson for help. Mr. Richardson has over 12 years of experience representing parents in a wide range of legal matters, including parenting time enforcement and modification. Contact The Law Office of Nicholas W. Richardson, P.C. for a free and confidential consultation. Call 847.873.6741 today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm