Many issues can come up when it comes to the children of
divorced parents. There will be a visitation schedule issued by the family court and the
parents must follow it. Visitation refusal can be viewed from several
When a non-custodial parent does not pay attention to the appointed schedule,
there are very few options available to the other parent. Going back to
court may be your choice but it certainly isn’t a pleasant one and
can be quite expensive with additional attorney’s fees. You can
take the offending parent back to court and ask for a revised visitation
schedule, hoping to force the other parent to adhere to the schedule.
To avoid going back to family court, perhaps you can discuss with the other
parent their reasons for not
exercising their visitation rights. There could be a simple lack of communication causing the problem. It
is almost always best for the child to have contact with both parents.
Remember that in most cases you are not legally allowed to remove your
child from a custodial parent’s home without their consent. You
may be subjected to legal consequences should you choose to ignore the
court’s order in regard to legal decision making and parenting time.
Should a child refuse to visit his/her parent, here are some tips to alleviate
- Discuss why the child feels this way and try to determine whether their
feelings are legitimate.
- Make sure the child knows that both parents still love them and want to
be with them.
- Help the child to understand the purpose of parental visitation. Let them
know that it is in their best interest to have both parents in their lives.
- Perhaps a “break” from visiting the other parent could be discussed
and agreed to by the other parent. This gives the child some control and
gives them a chance to share their feelings.
Sometimes the custodial parent feels inclined to deny visitation by the
other parent for the benefit of the child. However, the custodial parent
is by law required to follow the court ordered visitation schedule. There
are several circumstances where a custodial parent may refuse to let the
ex-spouse exercise his/her visitation rights.
If the custodial parent is fearful that imminent harm or suspected abuse
or neglect could be happening in the case of the other parent, then refusal
of visitation may be warranted.
When a child is refusing to visit the non-custodial parent, it is best
to determine why the child feels this way. A qualified attorney’s
advice should be sought to prevent legal repercussions in this situation.
If you need help with visitation refusal, please get in touch as soon
as possible with the Arizona divorce lawyers at
Arizona Family Law Attorneys
to avoid possible penalties for failing to comply with your current court order.