QUESTION

Can the custodial parent override a judges order for visitation?

Asked on Aug 22nd, 2017 on Family Law - North Carolina
More details to this question:
Can they stop the child from visiting just because they are mad or plan something on your weekend.
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1 ANSWER

Family Law Attorney serving Charlotte, NC at Prism Family Law
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A parent may NOT override a judge's order for visitation.  In the scenarious you present (the other party planning something on your court ordered weekend visitation or the other party denying you visitation because they are mad at you), the party denying visitation will likely be held in contempt if you hold their feet to the fire by filing a contempt or show cause motion.  It is very important that you contact an attorney in your local area when involved in a child custody dispute.  The following two pages on our site may help shed a bit of additional light on the topics of denying parental visitation in NC child custody disputes and enforcing child custody court orders but should not be relied upon as legal advice or a substitute for competent legal representation.   In order to be held in contempt, the party in violation must be found to be in "willful" contempt of the order.  As an example, in your scenario, if the other party showed that they denied you your court ordered visitation in order to protect the well-being of the minor child involved (for instance, if you showed up heavily intoxicated to a custody exchange location to pick up your child), then the other party would not likely be helf in contempt eventhough they did not allow you to exercise your court ordered visitation.  Hope this helps.
Answered on Aug 23rd, 2017 at 12:18 PM

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