Results-Oriented
Divorce And Family Law Attorney

My co-parent is preventing me from seeing our children: What can I do about it?

If you have a court-issued parenting plan that gives you visitation rights, your co-parent is not supposed to prevent you from accessing the children. Even if they may have reasons to limit your contact with the children, only the court can make such changes with some exceptions.

Should your co-parent prevent you from accessing the children, you need to take action and protect your parental rights.

Enforcing a parenting plan

A parenting plan ordered by the court is enforceable. Therefore, if your co-parent violates the orders, you can turn to the court for relief. When seeking the court’s intervention, you need to point out the provisions of the parenting plan you wish the court to enforce. 

In addition, you need to have evidence of the violation. For your case to be valid, you must show that your co-parent acted intentionally and out of bad faith over a period of time. For example, you cannot seek the court’s help in enforcing the parenting plan if your co-parent ran late in handing you the children due to unavoidable circumstances on one occasion. 

Lastly, you should request a relief or what you would like the court to do. Your co-parent could be held in contempt of court for going against court orders, and they may even face civil or criminal penalties such as fines or even jail time.

Have a visitation journal

A visitation journal can be a useful tool in proving your claims. With it, you can have accurate historical records of the frustrations you have gone through in accessing the children. Family courts rely on evidence to make changes or enforce a parenting plan, and a journal will go a long way in helping your case.

Visitation may be your only chance to bond with your children and you should do everything to make sure that no one comes in the way of that.