My Ex-Spouse Is Preventing My Visitation Time With the Kids

 Posted on February 09, 2022 in Divorce

To finalize a divorce, the court will set a decree that firmly outlines the terms of the divorce. These things can include who stays in the home, who gets the family heirlooms, and who gets the majority of parenting time with the children. It is illegal for a spouse to choose not to take part in their responsibilities outlined by the divorce order. If a partner decided they no longer wanted to pay child support, they would face legal consequences such as contempt charges. Similarly, it is illegal to prevent a spouse from being able to complete their responsibilities by preventing visitation with a child.

Visitation Rights and Your Illinois Parenting Plan

Each parent is entitled to parenting time (previously called visitation) and parental responsibilities as outlined in the divorce order. Typically, parents can come to a mutual understanding regarding a schedule that works for both of the spouses. However, if one of the spouses is deliberately sabotaging visitation time, they can be held legally responsible for violating a court order.

Preventing visitation time for another spouse may be different for everyone. Some common ways this can occur include:

• Scheduling playdates, sports events or extracurriculars during the other parent’s visitation

• Ignoring or avoiding meet-ups to transfer the kids from one spouse to the other

• Cutting down visitation time for the other spouse

Enforcing a Parenting Plan

Violating a parenting plan is breaking a court-ordered decree which has legal consequences. If you are a parent who is currently dealing with a spouse preventing your visitation, there are a few ways that you can handle the situation. The first step is to find a divorce attorney who is experienced in handling these types of legal issues. You and your lawyer can work together to find a solution.

You lawyer can help you file a motion with the court to enforce the parenting plan. The court may order that the parenting plan be modified or take other corrective action. If the situation cannot be resolved otherwise, the court may even file a contempt of the court against your spouse to reinforce the divorce agreement and parenting time schedule.

Contact a Kane County Divorce Attorney

If you are currently dealing with a spouse interfering and preventing your visitation rights, the The Law Office of Matthew M. Williams, P.C. is here to help you. Our attorney Matthew M. Williams has been working as a divorce and family attorney for 15 years. We understand the importance of your situation and are prepared to work alongside your family to come to a solution. To schedule your initial consultation, call us at 630-409-8184.

Source(s);

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5.5