Can you withhold visitation if your child’s in danger?

On Behalf of | Mar 12, 2019 | divorce |

As a parent, you want to do what is best for your children, but you know that you can’t avoid obeying a court order. The trouble is that your children are upset and throwing massive tantrums every time they have to go to your ex-spouse’s home. You know that your ex has a history of abusing others, and although you don’t think that could happen to your children, you’re worried based on their current mental state.

Visitation that is ordered by the court is there to make sure children see both parents, but that doesn’t mean that the courts won’t side with a parent who withholds their children from visitation due to real dangers. There are limited times when parents can seek to limit or revoke the other parent’s visitation rights. In certain emergencies, you may be able to flee with your children or stop the other parent from taking them, like if the children are in immediate danger.

When is it acceptable to refuse visitation?

It is acceptable to refuse visitation if you believe your children are in imminent danger. You may also be able to if the other parent’s home is not suitable for children and poses a very serious threat to their health.

If you plan to withhold visitation, it’s a good idea to get in touch with your attorney to make sure you are within your rights to do so and cover all your bases. You want to file for a modification of custody with the court quickly, and if you fear for your children, then getting the police involved may not be a bad idea.