Even after the divorce is final, noncustodial parents may face obstacles seeing their children. Sometimes it is necessary to seek court enforcement of a visitation order and penalties for the denial of your parental rights.
Court orders
Custody and visitation are significant family law and divorce issues. Parents typically work out a visitation schedule that works best for their children, and a visitation order is little more than a formality in many Texas divorces.
However, if parents cannot agree on visitation or their verbal agreement falls apart, they must strictly follow the court’s visitation order. This order is also known as an access and visitation order or a standard possession order.
Some orders are not specific and merely refer to the agreement of the parties. For enforcement, however, the order must contain a time, place and date for exchanging the child.
Enforcement motion
In your motion, you must show the manner of the other parent’s noncompliance for visitation denial. Attach evidence to the motion.
Allegations should include the other parent’s pattern of denials. At least three visitation denials constitute a pattern. The party seeking enforcement must include the part of the order that needs to be enforced, the manner of the noncompliance and the request for relief.
The noncustodial parent seeking denial must be able to testify under oath that they were at the place, time and day contained in the order for visitation. Parents are not legally denied visitation unless they showed up at the pick-up location listed in the order even if the other parent told them that they will not be there or they will allow visitation.
Additional evidence can also provide corroboration. This may include other witness testimony, and evidence such as a receipt from a nearby business that you were at the right time and place or a police report.
Accidents or mistakes are not considered violations. Confusion over the correct date for the visitation, for example, is not a violation.
Visitation denial
One way to defend against these motions is to argue that the noncustodial parent did not attempt visitation. The noncustodial parent or their designated competent adult must show up at the right time and place for visitation designated in the order even if the other parent told them in advance that they will not allow visitation.
Sanctions
In their motion, a party can ask the judge to find the other parent in contempt. A court may impose criminal contempt punishment which can include imprisonment. Civil contempt punishments usually include a money judgment or make-up visitation.
A non-custodial parent may seek other relief. This could include reimbursement for expenses for denied visitation or additional parenting or make-up time.
Attorneys can provide options during visitation disputes. They can also assist parents seeking enforcement.