If a parent interferes with court ordered child custody or visitation time (aka Illinois parenting time) following a divorce, understanding your rights can help you hold the other parent accountable for their actions and ensure that you can continue a relationship with your child.
Unlawfully interfering with parenting time occurs when a parent hides or detains a child with the intention of depriving the other parent of his or her court ordered custody with the child, which can result in criminal penalties including fines and incarceration.
Civil Remedies in a Child Custody Dispute
Civil remedies include bringing the matter before the court, where a parent denied parenting time can file a motion with proof the other parent interfered with the court ordered custody arrangement. A judge may impose various remedies including holding a parent in contempt of court, which can result in the suspension of a parent’s driver’s license, the imposition of a fine, and even jail time.
The parent may also be subject to other possible remedies such as revision of the parenting time and parental responsibility arrangement; directing one or both parents to attend counseling or parenting classes; ordering the offending parent to reimburse the other parent for expenses caused by the interference; or other remedies at the court’s discretion.
When a Child Refuses to See a Parent
It is not uncommon for the offending parent to claim that the child refuses to see the other parent. If, in fact, the child is opposed to the custody arrangement, one parent cannot act unilaterally to end parenting time, but must instead request a modification of custody through the court. A judge may direct a parent to seek counseling for the child or order an evaluation to determine what is in the best interests of the child with regard to parenting time and parental responsibility.
Subtle Interference to Limit Parenting Time
Sometimes, parents report that the other parent is intentionally scheduling other activities for their child that interfere with their parenting time. If you suspect the other parent is purposefully limiting the time you spend with your child, it is important to have an experienced child custody lawyer evaluate the situation to get the child parent relationship back on track.
Contact a Illinois Child Custody Lawyer for Help
If you have concerns regarding Illinois parenting time or the allocation of parental responsibility, contact Attorney Ronald L Bell & Associates PC to discuss your situation. Call today 847-495-6000.