Enforcing Child Custody and Visitation

Enforcing Child Custody and Visitation Orders:

It is unfortunate but sometimes parents in a divorce or a custody case still refuse to get along even after a final decree has been entered.  It is especially terrible when one parent uses a minor child as a bargaining chip to get what they want.  It is also not uncommon for one parent to withhold visitation of the minor child from the other parent.  Reasons can be as simple as getting into a simple disagreement, failure to pay child support, a perceived danger to the child, or simply jealousy when one parent has moved on and started a new relationship.

Failing To Pay Child Support Not a Reason To Withhold Visitation

To clarify child support is not related to visitation.  Not receiving child support is never a good reason to withhold visitation.  Additionally, if you believe your child is in danger around the other parent, then you need to file for a protection order immediately and then seek emergency custody.  Simple withholding of visitation with out any valid reason will wind up with the withholding parent in trouble.

If your former spouse or co-parent of your minor child is withholding visitation awarded to you in any sort of temporary or final order, you need to contact an attorney immediately to file a motion to enforce child custody and visitation.

Expedited Hearing Enforcing Child Custody and Visitation

Granted the civil legal system can take some time, but because visitation and parental contact with a minor child is so important, the Oklahoma Statutes have streamlined the process for enforcing visitation.

Upon filing a Motion Enforcing child custody and visitation, the trial court will either set it for a hearing not more than twenty-one (21) days after the filing of the motion or refer the parties to court ordered mediation via an ex parte order. If the parties are not able to settle anything at mediation, then within five (5) days after mediation as ordered by the court, the mediator shall submit the record of the mediation session and a summary of the parties’ agreement, if any, to the court. Upon receipt of this record, the court shall enter an order in accordance with the parties’ agreement.  If no agreement was met, then the court will set the matter for hearing, no more than ten (10) days after the record of the mediator is received.  Either way the court must reach a final resolution no later than forty-five (45) days after filing of a motion to enforce custody and vistation order.

Consequences of Not Following Visitaion Orders

If the filing parent who filed motion enforcing child custody and visitation orders can demonstrate that they exercised their awarded visitation to the fullest, with the exception to the other parents obstruction of the awarded visitation, then the that parent will be awarded visitation compensation for the days of visitation that were withheld.

For the parent found to be improperly withholding visitation the consequences are more grim.  Not only may the be required to pay the filing parent’s attorney fees, but they may be required to post a cash bond that will not be given back until the make up visitation has occurred.  Additionally, the withholding parent could be subjected to a contempt of court action that would result in 6 months in jail.  Further, withholding visitation may be grounds for modifying the current operative orders regarding custody and visitation, with the withholding parent losing custody and being subject to limited supervised visitation.

If you need to file a motion enforcing child custody and visitation call the Tulsa Family Law Attorneys at Kania Law Office. Simply call our office at 918-743-2233 or fill out the ask a legal question form and an email will be sent to one of our atttorneys.

 

Enforcing Child Custody and Visitation

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