When a parent won’t allow another parent to see their child in accordance with a parenting plan or custody arrangement, often the injured party doesn’t know what to do. Fortunately, there are some ways to challenge another parent not allowing you to see your child or children.
The Court’s Process
Whether the other parent is not following the parenting plan or he or she is withholding contact with your child completely, you should file a motion with the court that states that the other parent is not complying with a parenting plan, and include with it possible sanctions the court can impose. The court then has 35 days to:
- Deny the motion if the complaint doesn’t arise to a real claim to act on;
- Schedule a hearing as quick as possible to hear from both parties; or
- Require the parties to seek mediation and report back to the court on the results within 63 days. The court may approve any agreement reached by the parents or will schedule a hearing.