What Happens if My Child Refuses Court-Ordered Parenting Time?
Divorce and separation can be hard enough, but it can be made even more challenging when your child refuses to spend time with his or her other parent. You may find yourself at a crossroads when a court-ordered parenting schedule is in place, unsure of how to proceed.
Many Illinois parents find themselves caught in the middle, as it can be difficult to decide whether to force the issue or risk violating the court’s order. These situations are emotional and legally complex, and how you handle them can have serious consequences for your family. A Bloomingdale family law attorney can help you understand your rights and obligations, while also finding solutions that protect your child’s well-being.
Can a Child Decide Not to Visit a Parent?
In Illinois, children do not have the legal authority to decide whether to follow a parenting time order. Under the Illinois Marriage and Dissolution of Marriage Act, parenting time schedules are enforceable by law, and both parents are required to follow them. A child’s preferences may be considered by the court, especially as he or she gets older, but until the order is modified, both parents are expected to follow it.
What Are Parents Required to Do if a Child Refuses Visitation?
If a child resists visiting the other parent, the parent with primary parenting time cannot simply ignore the refusal. Illinois courts expect parents to encourage and facilitate parenting time. Failing to do so could be viewed as a violation of the court order.
If you are the parent with primary parenting time, you should:
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Make reasonable efforts to ensure your child attends scheduled visits
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Avoid making negative comments about the other parent in front of your child
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Document your child’s behavior and any attempts to comply with the order
If you do not make a good faith effort, the other parent could seek enforcement through the court, which may result in legal consequences.
Can the Parenting Time Order Be Changed?
If a child has strong, consistent objections to parenting time, a parent may request a modification of the order. Illinois courts may consider modifying parenting time if there has been a substantial change in circumstances and the modification would serve the child’s best interests.
Some factors that the court might consider include:
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The child’s age and maturity level
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The reasons for the child’s refusal
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Any concerns about the child’s safety or well-being during visits
A skilled child custody attorney can assist in presenting evidence to support a modification request.
What Are the Consequences for Not Following the Court Order?
If a parent allows a child to skip visits, the other parent may file a motion to enforce the parenting time order. Under Illinois law, the court can impose solutions such as ordering makeup parenting time, requiring counseling or mediation, and holding the noncompliant parent in contempt of court.
The court’s goal is to make sure the child maintains a healthy relationship with both parents unless there is evidence that parenting time would be harmful.
Contact a DuPage County, IL Parenting Time Lawyer
If you are facing challenges with parenting time, a Bloomingdale, IL child custody attorney at Mevorah & Giglio Law Offices can help you reach a resolution. With over 175 years of combined experience, our lawyers are ready to provide the client-focused representation you need. Call 630-932-9100 to discuss your situation in a free consultation and learn how we can help you navigate parenting time enforcement or modifications.