Can a mother withhold a child from the father?

Asked by: Prof. Jackie Gulgowski  |  Last update: September 29, 2025
Score: 4.7/5 (54 votes)

In cases where a parent intentionally withholds a child from their other parent in violation of a court order or custody agreement, they may be charged with custodial interference or parental kidnapping. These charges can carry serious legal consequences, including fines, imprisonment, and loss of custody rights.

What is it called when a parent keeps a child from the other parent?

Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.

Can a mother deny a father's visitation?

California generally prohibits parents from withholding visitation unless there is a legitimate reason. Legitimate reasons can mean more than just disliking the other parent. Typically, a court needs to agree to withhold visitation if there is concrete concern that a child is unsafe when with the other parent.

Can I legally keep my child away from his father?

Not unless you get a court order or his consent. If he doesn't consent, you have to make a ``move away'' request with the courts. This is technically called a Petition to Relocate. The court should have the forms. You'll need to explain why you need to remove the child away from seeing its father.

What can I do if my ex is keeping my child from me?

You go to court and file an ex parte motion. They will be summoned into court and will be cited for contempt of court. The judge could also order that the children be placed in your custody.

Dads: Can the Mother Legally Withhold Child from Father

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When a mother keeps her child away from the father?

California Family Law Code §3010 states that a mother and father are equally entitled to the custody of their children.

What if my ex refuses to return my child?

If your spouse does not return your child within a reasonable time frame and you have exhausted other options, consider filing a police report. This step can help establish a formal record of the situation and involve law enforcement in the resolution process.

Can a mother refuse access to the father?

The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.

What is the definition of an unstable parent?

However, examples of instability can include a parent who has or is struggling with drugs/alcohol, chronic mental illness, or a physical condition that renders the parent unable to effectively care for a child.

Can keeping a child away from the other parent backfire?

Consequences of Non-Compliance with Court Orders

Keeping a child away from the other parent can backfire in serious and permanent ways.

When a mother won't let the father see his child?

Withholding of a child from visitation from their other parent can be a serious factor for the court to consider in any custody or visitation case. In some situations, the court will intervene by either changing custody completely, or by ordering re-unification therapy for the child and the other parent.

Can my mother stop me from seeing my father?

The answer is usually no; a parent cannot stop a child from seeing the other parent unless a court order states otherwise. And what is more, keeping a child away from the other parent can seriously backfire.

Can a parent withhold a child from the other parent?

Penal Code § 278.5 PC – Deprivation of Custody – California Law. California Penal Code § 278.5 PC makes it a crime maliciously to deprive another adult of their lawful right to custody of, or visitation with, a child.

Can I call CPS for parental alienation?

Though parental alienation is emotionally damaging, it doesn't always fall under CPS' usual criteria unless it directly leads to neglect or abuse. The complexity of alienation often involves subtle psychological manipulation, which may not be obvious to outside agencies like CPS.

Can I block my child's father?

On legal grounds, you cannot block the father from visiting the child when there is no custodial order.

What makes a father unfit for custody?

According to California statutes, an unfit parent is one who fails to provide proper care, guidance, and support to their child. This legal definition encompasses a range of behaviors from neglect and abuse to an inability to provide a safe and stable environment.

How to prove a mother is emotionally unstable?

The following evidence can be used to prove a parent's unfitness based on mental illness:
  1. Medical records.
  2. Records of treatment for substance abuse.
  3. Mental health evaluation records.
  4. Police reports.
  5. Affidavits from mental health professionals.
  6. The child's school records.
  7. The parent's employment records.
  8. Restraining orders.

What is the biggest mistake in custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

Can a mother keep a child away from her father?

If a mother has full custody of her children, she may keep the child away from their father without question. She can dictate where her children go and who sees them.

Can I sue my ex for not letting me see my child?

If your ex won't let you see your child in violation of the custody agreement, the family court can order them to comply with the court order. For more information about enforcing a parenting plan, talk to a child custody lawyer for help.

What can stop a father from getting joint custody?

The situations that could prevent a parent from gaining shared legal custody are similar to the situations that could prevent them from gaining shared physical custody.
  • Ongoing drug or alcohol abuse.
  • Child abuse or neglect.
  • Domestic violence.
  • Mental health issues.
  • Jail time.
  • Relocation.

Can I call the police if my child refuses to come home?

Is it possible to call the police on your own child if they run away and refuse to come home? What actions can the police take in this situation? Your child is a run away, call it in as such. If you know where they are let the police know as well, it's against the law to harbor a run away.

Can I call the police if my ex won't let me see my child in the UK?

In such cases the Police or Social Services have additional powers where there is a real danger to the child. If this is the case, you should inform the Police and Social Services immediately and seek urgent legal advice from a Solicitor.

What to do when someone won't give your child back?

Go to the police with your custody order in hand. Ask them to send someone with you to retrieve the children. Also, notify your lawyer so he can notify the court.

Can you be forced to take custody of a child?

If the parent does not want custody of their own child, the courts will find a place for her. Noa parents cannot be forced.