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Ellen Lawrence · Apr 7, 2008, 07:53 AM

Is there a law on visitation that states that the other party cannot interfere in any way with the court ordered visitation. My friend lives over an hour away from his son and his ex expects him to drive him down on his weekend with him to either go to sports, parties, or church on the weekend that he has visitation with his son. Can he be forced to do this?

ScottGem · Apr 7, 2008, 08:38 AM

A court ordered visitation schedule has the strength of the court behind it. Not adhering to the terms of the schedule means you could be charged, arrested and/or fined for contempt of court.

That being said, if the child has a sports commitment, or has been invited to a party, then it would not be fair to deny him those things, just so the dad can visit. Parents need to be reasonable about dealing with such things. But there is no law that says the other parent can dictate what the visiting parent does during their visit.

Ellen Lawrence · Apr 7, 2008, 08:44 AM

If the father has court ordered visitation rights and has him every other weekend, does the mother have a legal right to interfere with the visitation by telling the father that he has to take time out of his time with his son to bring him to an event whether it be sports, CCD, parties etc. when the son wants to stay with his father. He always complains that it is so far of a drive (son lives over an hour away from Dad). It takes one hour to drive down and 1 hour to drive back. The son would rather just stay with the father. Does the son have any choice? He is almost 9 years old. Thank you.

Fr_Chuck · Apr 7, 2008, 08:53 AM

Often also an ex does this to be controlling, they put their child into so many activities, that they can not do them and have a visit.

If you have a church you go to, you do not have to drive the child to her church, or if you have no religious belief, you don't have to go to church,
There can be some issues with organised sports but not with parties unless the child just wants to go.

But from the start of the viist time, to the end of the visit time, it is your time with the child to do those things you wish to do with the child.

ScottGem · Apr 7, 2008, 08:53 AM

I merged the two threads. Please don't start a new thread for the same issue, just use the Answer This post or Quick Reply options.

If the son would rather spend the time with the father, then he needs to make his mom aware of that. If these events are not things that the child wants or planned to attend, then the mother is going to alienate the child by forcing the issue.