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"Grounding" on Scheduled Visitation Days

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C

curlyq's mom

Guest
In Illinois, Will/Cook Counties: This is for two of my friends. One is a stepmom and one is a NCP (shouldn't matter, probably).

On a few occasions, on a regularly scheduled visitation day in accordance with court papers, the X's/CP's of either friend has refused to let the child go because X has chosen to "ground" the child that day. Also, one X/CP planned a party for child on a day supposed to be a visitation day and wouldn't allow child to leave. Is this considered withholding visitation? Is this illegal? What can these two friends do to eliminate this from happening again?
 


Ambr

Senior Member
the visitation time that the NCP has, is just that, his
time. she can not refuse him his time.

each time that she does this, she is in contempt of court. i figure he has, but has he tried to talk with the mother. maybe explain that she can ground the child after the visitation or that he would love to celebrate the party with the child, but not to plan the activities on his weekends.

if this was a regular thing for the mom, then i would write a letter to her for the next visitation period. explaining my intentions of exercising the visitation and that if she did not allow the visitation that i would seek assistance from the courts. maybe it would scare her into complying with the order.

if she doesn't, then i would file the contempt charges against her. you can do it yourself and there is no lawyer fees, just filing fees.

if she continues this pattern and you document everything - along with letters requesting her to comply or that you will file, and also file when she does it - these are all grounds for changing custody.
 
C

curlyq's mom

Guest
Thank you for your thorough and sensible reply. I will pass it on to both friends.
 

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