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What Happens If a Visitation Order Has Been Violated?

Whether you and your child’s other parent reached a parenting plan on your own or needed the court’s assistance, the court-ordered parenting plan must be followed. If you have visitation rights with your child, you anticipate that they will be available and with you during those times. However, some parents choose to violate visitation orders. This can be done directly by not bringing the child to the scheduled drop-off or indirectly by scheduling appointments, trips, or activities during the scheduled visitation time. Either way, it’s a violation of a court order and should be treated as such. If your visitation rights have been violated, Chicago parenting time lawyers can help.

What is Visitation Interference?

Visitation interference happens when one parent purposely frustrates the court-ordered visitation schedule of the other parent. The parenting committing visitation interference can be held in contempt of court, and in some cases, could even face criminal charges. The best step to take if you are the parent being deprived of visitation rights with your child is to contact an attorney as soon as possible.

Remedies for Violation of Visitation Orders

Your Chicago parenting time lawyers can advise you as to what steps to take next. You have the right to seek a finding of visitation abuse hearing on an expedited basis. To prove visitation abuse, you must show:

  • That you were denied visitation as outlined in the court order
  • The non-compliant parent acted willfully and intentionally

You can also seek to hold the violating parent in contempt of court. Anytime visitation interference occurs, keep a detailed log of the events. This log can be used as evidence for visitation abuse or contempt of court charges. Generally, you will need to prove that the parenting withholding visitation from you was in contempt of court. This involves establishing that:

  • There was an order for visitation
  • The terms of the order were clear
  • The other parent deliberately and unjustifiably violated the terms of the order 

If the court determines that the non-compliant parent is in contempt, it can order visitation time to make up for the time missed. It might also order the violating parent to pay the other parent’s Chicago parenting time attorneys’ fees. Suppose there is a frequent, ongoing pattern of non-compliance with visitation orders. In that case, the court can order a change of parenting time.

Were Your Visitation Rights Violated? Turn to Experienced Chicago Parenting Time Lawyers Today

Parenting time orders should be taken seriously by both parents. When one parent purposefully doesn’t abide by these orders, everyone suffers, including the child. If that parent needs to make changes to the orders, they should go through the proper channels to request a parenting plan modification. They don’t have the right to interfere with the other parent’s scheduled visitation time. The Chicago parenting time attorneys at Arami Law, Inc. are well-versed in Illinois family laws. They will use their knowledge and experience to stand up for your rights. Contact us today to learn more about how we can help you and schedule a consultation.

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