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Court orders must be followed until they can be modified by returning to court and placing the issue before the judge if that becomes necessary. Either parent who doesn't honor the standing visitation order is in contempt of a court order and the court can order a modification of the custody order if the contempt continues.

First, the parents must discuss this problem to determine the cause of the refusal. A professional may be of help at this time. Divorce and separation from one parent is always hard on a child. It is natural for them to encounter difficulties with visitation schedules. It is important to talk with the child and comfort them. Find out if anything at the custodial parent's home is bothering them. The child may have legitimate reasons and once identified both parents must work together to address the problem. On the other hand, the child may only need to be reminded that they will be with the non-custodial parent again in a few days.

If the child's concerns are serious and the custodial parent will not cooperate, the non-custodial parent may need to return to court to request a modification of the custody and visitation order. Alternatively, when the situation is evaluated by the court it may find that parent alienation is at the root of the difficulties. Alienating a child against the other parent causes irreparable and long lasting harm.

The bottom line is that parents need to work together to address this type of problem.

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โˆ™ 2013-01-20 19:18:03
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Q: What should you do when the child refuses to return to the primary custodial parent?
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Related questions

Is it custody kidnapping if parent refuses to return child or let other parent come for child?

If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.


What do I do if the non custodial parent refuses to return the children after his visitation?

Notify the police at once, they will help you get the children back home.


If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?

There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?


Can a custodial parent pick up child if non custodial refuses to return them without a court order visitation?

Yes, but have your decree with you and take the police as peace keepers.


What are the laws against custodial parents refusing to let the non custodial parent see their children?

That situation would place the custodial parent in contempt of a court order. The NC parent must return to court for help. A custodial parent who repeatedly refuses to obey a court ordered visitation schedule can lose custody.


Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?

Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


What should someone do if the custodial parent refuses to let them see their child?

If you have court ordered visitation rights the custodial parent is in contempt of a court order. You must return to court immediately and file a motion for contempt. A custodial parent who refuses to obey a visitation order can eventually lose custody. If there is no visitation order in place then you must request one from the court.


Can you get contempt of court when the custodial parent refuses to return the child when there is a court order?

If the custodial parent refuses to obey the visitation order the non-custodial parent can file a motion for contempt.No argument intended, but only the presiding judge can issue a contempt order and that generally does not happen.If the non-custodial parent refuses to return the child, the usual procedure is for the custodial parent to first contact the child protection/enforcement agency for assistance. A social worker accompanied by police who have jurisdiction where the minor child is in residence will contact the non custodial parent and request the release of the minor to them. After a preliminary investigation of the circumstances they usually transport the minor child/children to the primary custodian .However, if there are circumstances which suggest the minor may have been endangered and/or neglected in either household he or she will remain in state's custody. All such action is reported to the court. A hearing is scheduled where all parties are required to attend. The judge will decide at that time what action if any should be implemented.


If a noncustodial parent moves out of town in order to work and is not able to get the custodial parent to return phone calls to set up visitation what can be done?

Get a lawyer and have the matter taken before a judge. Even if the custodial parent refuses to respond to your attempts, she (or he) will have no choice in responding to a subpoena.


If a parent takes their child out of state to stay for a month do they have to return the child to the primary custodial parent?

Yes, unless the parent who has the child also holds sole physical and legal custody.


What you do when the non-custodial parent hasn't followed the custody order?

The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.


Can the custodial parent denied visitation because unknown address of non-custodial parent?

For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won't cooperate the custodial parent should return to court and request a court order.

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