There are many reasons you may want to stop your child from seeing their other parent. Depending on a number of factors, including your reason for wanting to prevent these visits, you may or may not be able to do so. Keep reading to find out more and then contact Law Offices of Torrence L. Howell at (909) 920-0908 to talk to an attorney.
Can I Stop a Child from Seeing the Other Parent if I Don’t Have a Court Order to Do So?
This is what’s known as gate-keeping and there are two types of it. First is protective gate-keeping in which you have reasonable concerns about your co-parent. Technically you cannot stop your child from seeing their other parent without a court order unless you think the other parent is directly dangerous to your child.
The second is what’s known as a restrictive gate-keeper. This is a parent who has no justification for keeping their child from seeing their co-parent. This is generally a reaction to a breakup in which the parent wants to get revenge. When this happens, it is essential for the court to get involved quickly. Make sure you have a custody agreement on file.
Can My Child Decide to Stop Seeing the Other Parent?
If there is a legitimate reason, such as the child is being abused, then yes, the child may be able to decide not to visit their parent. However, the more common case is a situation in which one parent convinced the child not to visit their other parent. There are only two issues that can stop a parent from acting this one. One, they may simply stop trying to manipulate the child, which is not common.
The second way is for the parent who has become the victim to seek court action to take away custody from the other parent. Note that judges do not like to do this. The ideal situation is one in which both parents have partial custody. However, it is your job as a parent to keep your child safe. If you believe that they are not safe then you should contact the police. You should contact a family law attorney. You should contact all parties involved.
When Should I Ignore a Court Order?
Court orders are just suggestions – the are legal documents that you are required to follow. If you do not, then you could be facing criminal charges. However, there is one situation in which it is okay to ignore a court order – if your child is in danger. This includes their health or their safety. That said, you cannot simply stop taking your child to see their parent. The property authorities must be contacted. The first step is to contact Law Offices of Torrence L. Howell at (909) 920-0908 to learn more about your specific rights.