What To Do If Your Ex Won’t Let You See Your Child?

What To Do If Your Ex Won't Let You See Your Child?

Here is what you should do when your ex-spouse does not allow you to see your child:

  1. Ask yourself: Is your ex-spouse justified in preventing you from seeing your child?
  2. Find out whether it is the child who perhaps does not wish to see you.  
  3. Engage in a frank discussion with your ex-spouse and try to resolve the matter.
  4. Take the recommended legal action.

The courts always decide on child custody based on the best interests of the child. After taking all the factors into account, the courts approve a parenting plan, also referred to as a custodial arrangement, which is included in the divorce decree and is legally binding. Both parents are required to follow the custody/visitation schedules specified in the parenting plan.

However, a parent may stop the other parent from seeing the child for a variety of reasons, including revenge, hatred, resentment, non-payment of alimony and/or child support, and more. Well, these are not valid reasons to deny an ex-spouse his/her custodial/visitation rights that have been approved by the courts – in fact, denying these rights amounts to contempt of court.

In any case, here are the logical steps to take when your ex-spouse stops you from seeing your child:

1. Ask Yourself: Is Your Ex Justified In Preventing Your Visit?

Your ex-spouse can prevent you from visiting your child if he/she is aware of or has good evidence that your meeting will expose the child to imminent danger (emotional or physical). Mere suspicion of harm to the child is not enough, there must be awareness or evidence. For example, if you are noticeably intoxicated then your ex-spouse can stop you from seeing the child. In fact, in such a scenario your ex-spouse can even call the police if you, in any way, try to enforce the visitation.

However, after preventing you from visiting the child, your ex-spouse should report the matter to the police, obtain a police report, and file it with the courts as evidence of your bad behavior. Now, you don’t have to do this, but it creates a paper trail for a judge to see, and is more useful than a he-said-she-said situation.

Consult the matter with your custody attorney and if he/she believes that the denial was justified, then you should prepare for the possibility of going back to court to enforce your parent-time.

2. Find Out If Your Child Does Not Wish To See You

Your ex-spouse may have prevented your visitation because the child may have refused to see you. However, know that the courts believe that a child needs the love and care of both parents, and that the child may have acted immaturely – perhaps, your ex-spouse may have bad-mouthed you to your child or played dirty. Note, however, that your custodial arrangement approved by the courts cannot be altered simply because your child refuses to see you.

If your child’s refusal is the reason why your visitation was denied, you can consider taking a lenient view of the situation and reasoning out the situation with your ex-spouse and child.

3. Engage In A Frank Discussion And Try To Resolve The Matter

Your ex-spouse may have prevented your visit because he/she had misinterpreted the terms of the custodial arrangement, got emotionally triggered, or for malicious reasons. Give him/her a chance to explain the refusal before taking any legal action – if matters can be resolved by some plain talking, and listening, a lot of bad blood would not exist in our world. Communicating calmly can save you trips to the courts and legal fees.

4. Take The Recommended Legal Action

If you have not done anything wrong and your best communication efforts have failed, then it is time to get the courts involved and punish your ex-spouse for not following the court-approved visitation schedule. Before consulting your custody attorney, document all the evidence against your ex-spouse (journal, photographs, audio/video recordings, witness accounts). Your options may be:

(a) You can ask the courts to resolve any problems with the technicalities in the custodial arrangement if the visitation was refused because certain terms were unclear. For example, if the custodial arrangement says you can visit or pick up the child at “lunchtime,” then the timing has to be specified. You may be having lunch at 12.30 P.M. while your spouse may partake in his/her lunch at 1.30 P.M.

(b) If your ex-spouse refused visitation because he/she was busy at that time, you can request the courts to modify the visitation schedule so that both of you are not inconvenienced.

(c) If your ex-spouse has acted in bad faith, then you can request the courts to enforce the custodial arrangement and penalize your ex-spouse for violating the court order. Your ex-spouse may be found in contempt of court, the penalties for which include fines, community service, or even jail time.

If your ex-spouse has acted maliciously, you can also ask the courts to modify the custodial arrangement and grant you partial or full child custody. Here too, the courts take your ex-spouse’s bad behavior into account, and reconcile it with the child’s best interests, but they may or may not modify the custodial arrangement.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 964 reviews
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija
Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.
This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories