What To Do If Your Ex Won’t Let You See Your Child?

What To Do If Your Ex Won't Let You See Your Child?

Here is what you should do when your ex-spouse does not allow you to see your child:

  1. Ask yourself: Is your ex-spouse justified in preventing you from seeing your child?
  2. Find out whether it is the child who perhaps does not wish to see you.  
  3. Engage in a frank discussion with your ex-spouse and try to resolve the matter.
  4. Take the recommended legal action.

The courts always decide on child custody based on the best interests of the child. After taking all the factors into account, the courts approve a parenting plan, also referred to as a custodial arrangement, which is included in the divorce decree and is legally binding. Both parents are required to follow the custody/visitation schedules specified in the parenting plan.

However, a parent may stop the other parent from seeing the child for a variety of reasons, including revenge, hatred, resentment, non-payment of alimony and/or child support, and more. Well, these are not valid reasons to deny an ex-spouse his/her custodial/visitation rights that have been approved by the courts – in fact, denying these rights amounts to contempt of court.

In any case, here are the logical steps to take when your ex-spouse stops you from seeing your child:

1. Ask Yourself: Is Your Ex Justified In Preventing Your Visit?

Your ex-spouse can prevent you from visiting your child if he/she is aware of or has good evidence that your meeting will expose the child to imminent danger (emotional or physical). Mere suspicion of harm to the child is not enough, there must be awareness or evidence. For example, if you are noticeably intoxicated then your ex-spouse can stop you from seeing the child. In fact, in such a scenario your ex-spouse can even call the police if you, in any way, try to enforce the visitation.

However, after preventing you from visiting the child, your ex-spouse should report the matter to the police, obtain a police report, and file it with the courts as evidence of your bad behavior. Now, you don’t have to do this, but it creates a paper trail for a judge to see, and is more useful than a he-said-she-said situation.

Consult the matter with your custody attorney and if he/she believes that the denial was justified, then you should prepare for the possibility of going back to court to enforce your parent-time.

2. Find Out If Your Child Does Not Wish To See You

Your ex-spouse may have prevented your visitation because the child may have refused to see you. However, know that the courts believe that a child needs the love and care of both parents, and that the child may have acted immaturely – perhaps, your ex-spouse may have bad-mouthed you to your child or played dirty. Note, however, that your custodial arrangement approved by the courts cannot be altered simply because your child refuses to see you.

If your child’s refusal is the reason why your visitation was denied, you can consider taking a lenient view of the situation and reasoning out the situation with your ex-spouse and child.

3. Engage In A Frank Discussion And Try To Resolve The Matter

Your ex-spouse may have prevented your visit because he/she had misinterpreted the terms of the custodial arrangement, got emotionally triggered, or for malicious reasons. Give him/her a chance to explain the refusal before taking any legal action – if matters can be resolved by some plain talking, and listening, a lot of bad blood would not exist in our world. Communicating calmly can save you trips to the courts and legal fees.

4. Take The Recommended Legal Action

If you have not done anything wrong and your best communication efforts have failed, then it is time to get the courts involved and punish your ex-spouse for not following the court-approved visitation schedule. Before consulting your custody attorney, document all the evidence against your ex-spouse (journal, photographs, audio/video recordings, witness accounts). Your options may be:

(a) You can ask the courts to resolve any problems with the technicalities in the custodial arrangement if the visitation was refused because certain terms were unclear. For example, if the custodial arrangement says you can visit or pick up the child at “lunchtime,” then the timing has to be specified. You may be having lunch at 12.30 P.M. while your spouse may partake in his/her lunch at 1.30 P.M.

(b) If your ex-spouse refused visitation because he/she was busy at that time, you can request the courts to modify the visitation schedule so that both of you are not inconvenienced.

(c) If your ex-spouse has acted in bad faith, then you can request the courts to enforce the custodial arrangement and penalize your ex-spouse for violating the court order. Your ex-spouse may be found in contempt of court, the penalties for which include fines, community service, or even jail time.

If your ex-spouse has acted maliciously, you can also ask the courts to modify the custodial arrangement and grant you partial or full child custody. Here too, the courts take your ex-spouse’s bad behavior into account, and reconcile it with the child’s best interests, but they may or may not modify the custodial arrangement.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 912 reviews
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories