What steps can I take if the other parent is denying me my court-ordered visitation time with my child?
If the other parent is denying your court-ordered visitation, you can take formal legal action to enforce the court order and request sanctions against the non-compliant parent. Here are the steps you can take to enforce your rights.
Step 1: Document Every Incident
Immediately start a detailed log of every denied visit. For each instance, record the date, time, and the specific reason given for the denial. Keep copies of all related text messages, emails, or voicemails. This documentation is critical evidence for court.
Step 2: Send a Formal Written Request
Send a calm, non-confrontational email or letter to the other parent. Reference the specific date and time of the visitation in your court order and politely demand that they comply. This creates a written record showing you tried to resolve the issue informally before going to court.
Step 3: File for Contempt of Court
To formally enforce the order, you must file a "Request for Order" with the family court that issued your custody order. You will specifically file an "Order to Show Cause and Affidavit for Contempt" (Form FL-410). You must prove beyond a reasonable doubt that the other parent knew about the order and willfully violated it. This action can result in fines, community service, or even jail time for the other parent.
Step 4: Request Make-Up Time and Financial Compensation
When you file for contempt, you can also ask the judge to order specific make-up visitation days to compensate for the time you lost. Under California law, you can also request that the non-compliant parent pay for your attorney's fees and any costs you incurred due to the denied visitation, such as travel expenses.
Step 5: Consider a Custody Modification
If the other parent repeatedly and intentionally denies your visitation, this may be considered "frustration of contact." You can file a "Request for Order" to modify the custody plan itself. A judge may find that this behavior is not in the child's best interest and could change the custody arrangement, potentially giving you more time or even sole custody.
Important considerations: Never resort to "self-help" by taking the child outside of your court-ordered time, as this can severely damage your case. Always follow the court order precisely yourself. While you can call law enforcement to enforce an order, be aware that police officers are often hesitant to intervene in civil custody matters unless there is an immediate danger.
Note: A contempt action is a quasi-criminal proceeding with a high burden of proof and strict procedural requirements. Failing to properly serve the other parent or fill out the forms correctly can cause your case to be dismissed.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to protect your parental rights and navigate the court process effectively.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 29
Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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