Holiday Visitations Violated? Here’s what to do
In any given divorce case involving children, it is common for each parent to be ordered different rights to the child in regard to child custody and child visitation. Child visitation involves the rights that each parent has to visit their child or to have their child stay with them for a limited amount of time. A visitation order is oftentimes approved by the Nevada court, and therefore enforceable by law. When a parent violates a visitation order, there are several actions that the other parent should take to avoid further violation and conflict. A family law attorney can also assist the parent in the custody process.
Violation of a Visitation Order
A visitation order differs from an information visitation agreement in that an order is approved by the Nevada court and is enforced by the court. Violation of a visitation order occurs when one parent fails to follow the terms of the order. Some examples of violation of a visitation order include:
- Refusal of court-ordered visitation by one parent.
- One parent regularly missing their scheduled visitation time.
- Interruption of one parent’s visitation time by the other parent.
- One parent leaving the state or country without permission from the other parent.
- Parental kidnapping.
If a parent has done any of the above things, it is likely that they have violated their visitation order.
Contempt of Court
A violation of a visitation order results in contempt of court. Contempt of court is any action that defies a court of law.
What to Do When a Visitation Order Has Been Violated
When a parent has violated a visitation order, the other parent should take the following steps:
- Call the police: If you are unable to work out the visitation issues on your own, and you believe your child is in danger, call the police for help.
- Gather evidence: You must be able to prove that the parent has violated the visitation order. It is important to gather text messages, voicemails, videos, and reliable witnesses to use as evidence of the violation.
- Get legal assistance: Reach out to your family law attorney and inform them of the parent’s visitation order violations. Your child custody attorney can help you resolve this issue.
- File a motion with the court: If the parent continues to violate the visitation order, you can file a motion for contempt of court. Carlson & Work’s family law attorneys can assist you with this court process.
Punishments for Contempt of Court
Punishments for contempt of court for violation of child custody visitation orders can vary, depending on the severity of the violation. The punishments include:
- Jail time
- Modified custody order
- Loss of custody or visitation
- Court-ordered mediation
- Parenting classes
If you have questions about violation of child custody orders or are currently dealing with a parent violating visitation orders, contact the experienced family law attorneys of Carlson & Work. Our Reno-based divorce attorneys can assist you with your child custody needs. Call Carlson & Work today at 775-298-6403.