Visitation Rights

My children are 16, 14, and 8 and we have been legally separated since November 2008. There is a temporary order in place the outlines visitation but we have since modified it through emails --nothing legally written on the current schedule.

My husband is supposed to have the children this weekend. He told them he would be taking them to Raleigh for the weekend. This is where his new girlfriend lives. The older two children both have school functions on Saturday and do not want to go with him.

Can they refuse to go with him?

Pursuant to the Order, your responsibility is to make the children available to him. If they have school functions and do not wish to go, you need not force them to.


Did I understand you correctly? You stated the custodial parent’s obligation is to make the children available for visitation, but she does not have to force the children to go if they don’t wish to?

When children are of a certain age it is unrealistic for a parent to force them to go. My opinion on this matter would be different if the children were younger.

He believes he CAN force them to go and gets very angry when they ask him to stay at my house. They usually end up getting in the car just because they want to avoid the confrontation. He says that legally they MUST go with him. Is this true?

The order requires you to make them available to him. If they refuse to go you are not in violation of the order so long as you are not encouraging them to avoid time with their dad.