When a New York court issues a custody and visitation order, both parents are legally obligated to adhere to the terms. These orders are important agreements and are legally binding for all parties involved. If one parent refuses to comply with the visitation order in any way, they could face significant consequences and repercussions. It is crucial that you fully comprehend your legal rights and obligations as a parent. Continue reading and work with a Suffolk County child visitation lawyer today for skilled advice and representation.

What is a Visitation Order?

A visitation order is a court-ordered arrangement that outlines how a noncustodial parent can spend time with their child. During custody decisions, the court will award legal and physical custody to one or both parents. If they award sole custody to only one parent, the other may still be able to visit with their child through visitation rights.

These orders are often specific, including the pickup and drop-off times and locations for each parent, though they can also be more flexible depending on the relationship between the two parents and each individual’s rights to their child. Regardless of the terms, once the order is signed by a judge, it becomes legally enforceable.

How Can a Parent Violate a Visitation Order?

Any action that opposes the terms and conditions outlined in the visitation order can be considered a violation. Some of the most common examples are as follows.

  • Canceling or rescheduling visits without justification on multiple occasions
  • Refusing to allow scheduled visits
  • Refusing to return the child at the agreed-upon time and place
  • Interfering with the child’s ability to communicate with the other parent
  • Manipulating the child in an attempt to alienate them from the other parent
  • Making major decisions for the child without consulting the custodial parent
  • Taking the child across state lines without prior approval
  • Placing the child in someone else’s care without the custodial parent’s permission

What Happens if a Parent Refuses to Comply With a Visitation Order in NY?

If one parent refuses to comply with a visitation order, the other parent has several legal options available to them. The first step the complaining party should take is to file a petition with the court alleging the violation of the order. A hearing will then be scheduled to allow both parties an opportunity to present their side.

If the court determines that one parent has willfully and purposefully violated the terms of the order, it can take a variety of measures to ensure compliance and penalize the offending parent. They could modify the custody or visitation arrangements, order make-up time, require counseling or parenting classes, and impose fines and other penalties. Depending on the extent of the situation, the offending parent could be held in contempt of court, lose custody, or even face jail time.

If you have questions or concerns regarding your visitation order, consult with a skilled family lawyer today.