Many people worry that once their divorce case is finalized, there’s less incentive to remain on good behavior. The fear is that without a judge and court oversight, it’s easier to ignore parenting plans and simply make up your own rules, potentially even denying parenting time to the other parent.
The custodial parent is not allowed to deny parenting time to the non-custodial parent. If there is a court order granting parenting time to a parent, then the custodial parent cannot violate its terms without repercussions. If the custodial parent decides to withhold parenting time in violation of the order, he or she faces the possibility of facing a contempt case and having to explain himself / herself to a judge.
There are really no exceptions to this rule. However, if your agreement lacks specificity, then it is possible for one parent to prevent access to the child on some occasions, claiming that there was no mutual agreement between the parties at the time.
This is a good illustration of why it’s so important to have specific and detailed parenting plans, to avoid as many of these kinds of loopholes as possible.
If you are being prevented from spending time with your child due to interference or obstruction from the other parent, it is important that you take action. First, you need to be sure to clearly document each and every time such a denial of access happens. It is important to create a paper trail, either by keeping your own records or, if the situation has truly progressed to such a point, obtaining a police report. The more clearly you can prove to the court that the other parent is abusing his or her position, the more likely it is that the court will take action to prevent that parent from continuing to deny access to the child.
Contact the Law Offices of Renee Lazar should you have questions regarding your children either via email or telephone 978-844-4095 to schedule a free one hour no obligation consultation.