Visitation

questions & answers

Question: My ex is not complying with the courts order for visitation. I am supposed to see my child every other weekend and this hasn't ever happened since my divorce was final in Aug of '06. Is there anything legal I can do about my situation.

Answer:

It is a serious matter to disobey a court order and the proper procedure if an order cannot be followed is to request additional assistance from the Court. See our article titled "Things You Should Know about Custody and Parenting Time" for answers to questions like: What if a parent disobeys a court order? and What can the court do if a parenting time order is disobeyed?

Failure to follow a court order may lead to serious consequences for the person that fails to adhere to the court’s order. If a court has ordered visitation and the visitation is not occurring as ordered then the parent, who is not receiving visitation, may file a verified petition with the Court requesting assistance under A.R.S. § 25-414 Violation of visitation or parenting time rights. The Court will promptly review the matter and decide what action it is appropriate to take; this action may include court ordered counseling, mediation or educational classes. If a willful violation is found then the Court will order that the person in violation of the order pay the attorneys fees and expenses incurred by the nonviolating parent.

Since Family Law can be complicated, you may want to consult with an attorney. See the article on Where to Find an Attorney for Specific Legal Advice for more information. Information and limited assistance may be available at self help centers at your local court. These self help centers may be a good starting place for this type of problem.