Violating Visitiation


#1

My former spouse did not return our child to me after their visitation time. Should I call the police? I know the child is at my former’s home. The former claims our child does not wish to return and is not making them. Can I get my missed visitation time back? Contempt of court?


#2

You can call the police to have the court order enforced if there is a provision in the order directing law enforcement to assist in the enforcement of the order or if the child is in danger. If you do not have a court order or do not have this provision, the police may not be able to help you.

If you have a court order that specifies visitation times and your ex-spouse does not follow it as it’s written, then yes, there would be a contempt of court issue because one party is violating the terms of the order.

Yes, it is possible to get missed visitation back. Your custody order may address what happens if visitation time is missed. If it does not, then you could ask the Court for make-up visitation time in a motion or along with a contempt motion.