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Answered 2013-01-20 19:18:03

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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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 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.


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.



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 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.


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.


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.



Can the noncustodial parent keap the child not return to custodial parent?

No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.


Can you get contempt of court when the noncustodial parent refuses to return the child when he is court order?

Yes, although the contempt citation is issued by the court after receiving documentation from the custodial parent of the failure of the noncustodial parent to obey the existing court order.


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.


Can a 12 year old decide not to stay over night with the noncustodial parent?

No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.


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 custodial parent stop non custodial parent from getting children on court ordered weekend visits?

Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.



Is it illegal for the costidial parent to still take child support payments when child has turned 18 and moved out?

Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.


How do you go about taking tax right from non custodial parent?

You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.


Can custodial parent change his mind about previous consent for child to live with with non custodial parent?

Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.


What is the punishment for denying access to the non custodial parent?

If the non-custodial parent is not barred from seeing the child, it would be VERY strange if the custody order(s) did not address visitation. If the custodial parent is denying the non-custodial parent court allowed access, then the custodial parent is in contempt of the court's order. My suggestion would be for the non-custodial parent to return to the court with this information - DO NOT attempt to 'force' the situation as it could wind up back-firing on you.


Can the police force a parent to allow visitation to the other parent?

No. The police do not generally become involved in visitation issues. One very good reason being they do not have access to current court files and current court orders. If a visitation order has been issued by the court, the non-custodial parent must return to court if the custodial parent refuses to obey that order. They should file a motion for contempt. Continued refusal to obey a visitation order could result in the custodial parent losing custody.


Can the non custodial parent claim a child on their tax return if he is in arrears on child support payments?

Yes, if he has the child 51% of the time. Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent.


What to do when custodial parent keeps child from visitation?

Return to court and file a motion for contempt. Continued contempt of court ordered visitations can result in the custodial parent losing custody.


Can the non-custodial parent claim the children without permission of the custodial parent?

No, the custodial parent must give written a agreement which contains all pertinent information including the date the child/children will leave and the date they will return, how and when the non-custodial parent should stay in contact, and so forth. If a non-custodial parent removes a child/children from ANY place w/o the knowledge and/or permission of the custodial parent they are committing "parental kidnapping" and may be subject to criminal prosecution and other penalties.


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