If the marriage is over and the couple splits up, one parent is likely to receive primary custody of the child while the other receives visitation rights. A child custody order is a binding decree that must be observed by both parties. Thus, before coming up with a custody and visitation agreement, it is important that both parties work together to create a workable plan.
However, it is not unusual for one party to violate the terms of the custody order. It is important to understand that violation of a custody order is an offense that can attract serious consequences.
Options available to you if your ex is violating your visitation rights
Depending on the nature and the duration of the violation, there are a couple of options you can consider. Generally, you should consider resolving the matter at the lowest possible level. And this involves approaching the other party to find out why they are preventing you from visiting your child. Even as you follow this route, here are three things you need to do if your ex is violating your visitation rights.
The first step you should consider is seeking mediation from family or a professional counselor. This way, you will sit down with your ex and try to work out the problem between you two. Hopefully, you can solve the issue and get back to the terms of the custody and visitation order.
Draft a warning letter
If the violation persists, you may consider approaching your legal representative to draft a formal notice on your behalf. This letter should outline how your ex is violating your visitation rights and inform them that you are considering taking the matter to court if the violation persists.
Take the matter to court
If your ex is consistently violating your visitation rights, it may be appropriate to petition the court for custody modification. For this to happen, you will need to provide evidence of the violation.
Not seeing your child can be frustrating and heartbreaking, especially if the other is violating an existing custody and visitation order. If your ex is preventing you from visiting your child, it is important that you take appropriate steps to safeguard your parental rights.