Dealing with visitation problems in Massachusetts is never easy, especially when the other parent isn’t complying with the rules. It’s maddening when you have a court order, but the other party keeps messing with the visitation schedule in place. If that sounds like what you’re going through, you’re likely asking yourself what you can do to get the order enforced and protect your time with your kids. Keep reading to find out what your options are when visitation is being denied in Massachusetts, and how a seasoned Bristol County Family Court Enforcement Lawyer can help protect your interests.
What Happens When a Parent Violates a Visitation Order in Massachusetts?
In Massachusetts, when a visitation schedule is ordered, it means that both parties are legally required to comply with the set terms, including times, dates, and exchange locations. Failure to do so will result in significant legal repercussions. A court-ordered visitation schedule is not optional; a parent cannot simply ignore it because they don’t like it. If the existing arrangement is unstable or not in the child’s best interest, you can file a Complaint for Modification to secure an amendment.
What Legal Recourse Do I Have If Visitation is Denied?
If you’re being denied access to your child, you must document all instances and file a motion to enforce the order to protect your rights. Before involving the court, you should attempt to address the situation directly with your ex in writing (as long as it’s safe to do so). This establishes a critical paper trail showing your attempts at an amicable resolution, as courts look upon this favorably.
If your efforts to resolve the matter amicably fail, you should file a Complaint for Contempt. This is the primary enforcement tool, which can be filed when a parent willfully disobeys a court order. A dedicated Bristol County family court enforcement lawyer can help you gather evidence to support your petition.
Massachusetts courts may enforce compliance through various remedies, including:
- Ordering compensatory parenting time
- Imposing fines or other financial penalties
- Requiring counseling or parenting classes (often at their own expense)
- Modifying the custody or visitation arrangement currently in effect
In extreme or repeated cases, a parent may be held in contempt of court, which could potentially lead to hefty fines, community service, or time behind bars.
Facing custody and visitation issues in Massachusetts can be overwhelming. At the Law Offices of Cynthia L. Hanley, P.C., we are prepared to help protect your parental rights and guide you through this complex process. Connect with our firm today to schedule a consultation.
