How to Enforce Your Visitation Rights
There are cases where the custodial parent may make it difficult for you to see your child even if you have visitation rights issued by the court. Here are the measures you should take to enforce your visitation rights:
Gather Proof of the Denials
Before doing anything, you need to ensure that you can back up your denial claims if push comes to shove; you don't want it to be your word against the other parent. What if they seem more credible or persuasive than you? You need a way to prove that you were at the exchange place and the exchange did not take place. For example, you can take a witness with you or buy something at the exchange place and keep the receipt.
Seek Help from the Police
The police can also be of help in several ways. For example, they can help you enforce a court order if you have one. Say the existing order states that you should pick up the children at the other parent's gate, but the other parent doesn't let the kids out of the gate whenever you go to pick them up. The police can help by intervening to ensure the other parent opens the gate. In some cases, the police may also accompany you to the exchange point to confirm that the other parent is a no-show. You can also file a report with the police, which may also act as evidence in case the issue ends up in court.
Seek Help from Your District Attorney
In many jurisdictions, the district attorney office has a dedicated children's department that deals with different issues such as custody quarrels, child abductions, and visitation denials, among others. Give your divorce lawyer a call to find out if this is the case in your jurisdiction. If it is, then the district attorney can help you enforce the visitation orders.
Seek Help from the Court
Some parents are so obstinate that they may thwart all your attempts at enforcing your visitation rights. If it comes down to that, then you have no option but to seek help from the court. For example, you may request a new and stricter court order to force the other parent to help you visit with your child. Alternatively, you may even file contempt charges against the other parent for violating a court order, and it will be up to the court to determine the punishment. In extreme cases, the other parent may even face jail time for violating a court order.