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The visitation plan is a crucial agreement in a child custody order that allows a non-custodial parent to bond with their child and maintain a relationship as they grow up. Visitation privileges are typically fought hard for by parents because it is often the only way they can be involved in their children’s life.
Because visitation can be so important to a parent, it can be extremely aggravating when a child refuses to cooperate. They may refuse to see the visiting parent or accompany them on an outing. The reasons for a child’s refusal to participate with visitation can be minor, but they can also be related to their parents’ divorce or custody battle.
Here are some examples of why a child can refuse to participate in visitation:
In the larger context, each of these reasons for refusing visitation with another parent may be perplexing or understandable. However, if a youngster refuses to comply with the arrangement, the courts may be forced to intervene.
The age of a child is a significant factor.
The court will approach a child’s reluctance to cooperate with visitation differently depending on their age. However, the court will first determine if the youngster is reacting out of fear for his or her safety. If a child, regardless of age, has a credible concern that visitation may put them in danger, the courts will act accordingly.
Assuming the child’s safety is not jeopardized, the court will consider their age. If a very young child refuses to comply with visitation, the court is unlikely to give their requests any weight. However, as adolescents get older, the importance they place on their wishes grows. By the time a minor reaches the age of majority, they may be given the authority to decide whether or not visitation should take place.
If a child refuses to visit, the custody arrangement may be changed.
Another important component is the bond between a child and their parent. If the courts consider that maintaining a relationship with the non-custodial parent is in the child’s best interests, they will encourage visitation. When a kid refuses to participate with a visitation agreement for an extended length of time, the court may read this as a sign that the arrangement is not in the child’s best interests.
It’s possible that a change to the arrangement will be required at this point. If the court still considers that the child’s relationship with the non-custodial parent is significant, further visitation time or privileges may be granted. If the court decides that the converse scenario is true, the non-custodial parent’s visitation rights may be revoked.
To address the child’s diminishing interest in the visitation arrangement, either parent must first file a move with the court. The motion must show the child’s unwillingness to cooperate and how the current custody or visitation schedule is leading to the parent-child relationship’s deterioration. Following that, the court will issue a decision either dismissing the motion or amending the visitation order in the child’s best interests.
We at Spodek Law Group may be able to assist you if you are having trouble with your visitation agreement – specifically, your child’s cooperation with it.
Please contact us for additional information about our legal services.
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