What happens if my ex doesn't let me see my child?

Asked by: Cortney Nitzsche  |  Last update: May 1, 2025
Score: 4.9/5 (34 votes)

Your attorney can help you file a motion to enforce visitation, requiring your ex-spouse to comply with the court order. If your ex-spouse continues to deny visitation, they can be held in contempt of court, resulting in fines, community service, or even jail time.

What to do if your ex won't let you see your child?

What you need to do is get in touch with a parenting time coordinator. They will help you establish your visitation rights. You may have to go to family court and hire a lawyer. It'll cost you, but then if she keeps denying your right to see your child she will face legal ramifications.

Can you sue someone for not letting you see your child?

  • No.
  • Assuming they are a minor here, you can't sue a minor directly you'd have to sue his/her parents so you'd have to sue yourself.
  • If the other parent isn't allowing visitation and you have court ordered visitation or there is some parental alienation going on then you need to take to family court.

Can a mother refuse to let the father see their child?

Only if the father doesn't have legal visitation rights. If he does then the mother cannot refuse visitation. If it is a situation where the mother feels the kids might be unsafe with the father she can withhold visitation until the father makes his situation safe for the kids even thought that might not be legal.

Can I call the police if my ex won t let me see my child in Texas?

Yes, it is an issue and you can contact the police and see if they will accompany you to receive them from her home but the other issue, is missing school and dental appointments. If she has done this, you can file an emergency motion for their return and to hold her in contempt, for violating the court order.

What To Do If Your Ex Won't Let You See Your Child UK?

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What if my ex is refusing visitation?

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.

Can the police help me get my child back?

Law enforcement does have the legal right to enforce a child custody order; however, custody disputes are usually considered a civil matter and the police might refuse to get involved. Child custody issues can become very complicated, and there is no one correct answer to all situations.

What can I do if the mother won't let me see my child?

If the other parent refuses to let you have your scheduled visitation, you can file a petition for a Show Cause, requesting the court hold the other parent in contempt for not complying with the order. In a Show Cause, the court can award sanctions, jail time, and attorney's fees against a noncompliant party.

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.

How to prove parental alienation?

How Do You Prove Parental Alienation is Occurring?
  1. Communication Records: ...
  2. Witness Statements: ...
  3. Visual Evidence: ...
  4. Professional Evaluations: ...
  5. Child Interviews: ...
  6. Social Media Evidence: ...
  7. Documentation of Denied Visitation: ...
  8. School and Medical Records:

Who wins most child custody cases?

It is true that mothers typically HAVE custody of their children, but that's mostly because the men take off. Statistically, in the US, when a man asks for shared custody, he gets it, and in cases where men go to court to get full custody, they get it a majority of the time.

Can my ex get in trouble for parental alienation?

Parental alienation is neither a crime nor a basis for a lawsuit against your ex-spouse under California law. If you believe your ex-spouse has engaged in a pattern of conduct that amounts to parental alienation, your divorce decree will provide your only path for a remedy.

Can you sue your child's father for emotional distress?

U.S. courts recognize emotional distress as a type of damage that can be awarded to a plaintiff via a civil lawsuit. Learn more about what you can sue someone for. Emotional distress damages fall under the legal umbrella of pain and suffering — another legal concept that is classified as non-economic damages.

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.

Can my ex keep me from seeing my child?

If your former spouse or former partner is refusing to allow you to see your children for any reason, you have the right to file the proper legal action depending on the circumstances of your case.

What if my child refuses to see her father?

You can talk to your child to try and ascertain why they do not want to see their parent and see if there are any arrangements that could be made to make spending time with that parent easier. Family mediation may be helpful, where a mediator will work with both parents to try and find a way forward.

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

Breach of contract: The parents are both contractually bound by the child visitation agreement, so if it is violated, it may be possible to sue for breach of contract.

What is the punishment for parental alienation?

Contempt of court: If the alienating parent repeatedly violates court orders related to custody, the court may hold them in contempt. Being held in contempt of court may result in fines, community service or even jail time.

What not to say during a custody battle?

Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.

What if my mother is not allowing me to see my child?

You can ask the court for a 'child arrangements order', which can say: who your children live with and where. when and how your children will see both parents.

Can the mother refuse the father from seeing child?

A mother cannot stop a father seeing his child unless the court orders to do so.

Can keeping a child away from the other parent backfire?

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

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.

Is it illegal to withhold 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.

What is parental alienation?

Parental alienation is a theory in which one parent is accused of brainwashing a child to turn them against the other parent. It is most frequently diagnosed and cited as evidence in divorce and custody cases, even though most mental health professionals reject it as junk science.