Child custody order violation

If there is a consent order in a child custody case and the mother feels that the father “violated” the order. Does she have the right to withhold the child from visitation w the father or does she have to wait until it is placed on the docket and let the judge further review this case and then decide what should be done?

A parent cannot withhold a child from visitation with the other parent even if the parent believes the other parent violated the court order unless the court order states a non-violating parent can withhold visitation. The parent would have to wait until the judge can hear the evidence and make a ruling.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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