Question: What To Do If My Ex Won’T Let Me See My Child?

Can a mom stop a dad seeing his child?

A question asked by many parents is can a mother stop a father from seeing child.

A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that further contact could affect the welfare of a child..

What age can a child say who they want to live with?

The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

What age can a child make a decision on which parent to live with?

If the child is under 12 years of age, shifting to live with the other parent might be a little hard but not impossible if they provide legitimate reasons. When the child is 14 years of age or over, it becomes an offense for anybody to compel them.

What happens when a child doesn’t want to visit the other parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

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

When a child is born to an unmarried mother, the mother is automatically granted sole custodianship. The father has no legal right to see their child without a court order. … Thus, the best course of action for a father who desires visitation or custody of his child is to first establish paternity.

Is parental alienation against the law?

Parental alienation can get so bad in some instances that it can be considered abuse and could be dealt with criminally. … Family law acts in several provinces have been amended to give credence to the effects parental alienation has on children.

Can a dad just take his child?

Unfortunately in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. … If they do not, then the child is the mother’s sole responsibility and the police may be able to take the child back to the mother.

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

A court may review the custody arrangement and take away primary custody from a parent who has refused their child’s other parent the visitation rights they are legally entitled to. … It may also be possible for the parent who is denied visitation rights to sue the other parent.

What do you do when your child doesn’t want to see the dad?

Talk to your child about why they don’t want to go Try to get to the bottom of why your child doesn’t want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it’s your turn to respond, do so with kindness and understanding.

Can my ex legally keep my child from me?

Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child. Or, if you are divorced and the other parent has sole physical custody, it is legal for them to take your child.

How can I prove my child is being brainwashed?

6 Ways To Prove Parental Alienation With Evidence Before You Lose Your Child ForeverDocument Disparaging Remarks. … Preserve Social Media Evidence. … Request an Attorney Ad Litem or Guardian Ad Litem. … Depose Your Ex.

Is my child being brainwashed?

Evidence that your child is being coached and lied to include: Your child is flat, monotoned, or sad when he or she gets your phone call. Your ex is often heard speaking to your child in the background (and your child will frequently cover up the phone with his or her hand) Your phone calls or texts are not returned.

Can I get in trouble for not letting my son’s father see him?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.

Does a mother have the right to deny visitation?

Is it Ever Legal to Deny a Parent Child Visitation? It is almost never legal to deny visitation without a valid court order. For instance, if the non-custodial parent is late on child support, then visitations must continue anyway unless the court says otherwise.

Can you go to jail for denying visitation?

When Visitation Rights are Denied When a noncustodial parent is repeatedly denied his or her rights to visit their child, it is important that the parent document each denial. … A custodial parent who denies the noncustodial parent his or her visitation rights may be held in contempt of court, and be fined and/or jailed.

What can I do if my ex won’t let me see my child?

You Have Legal Rights! What you want to do is take your ex to court to enforce the child custody order. If you can prove that he or she is intentionally withholding the children from you, the court will take action to enforce the court orders.

Can I call the police if my ex won’t let me see my child?

If you have a court order stating that you have visitation with your son/daughter for that time, simply call the police. … Then notify your attorney that you did not get visitation and check the statute in your state. Some states make “Visitation Interference” a crime punishable by fine and/or jail time.

What do you do when your ex turns your child against you?

You should also contact your attorney to let them know that you suspect parental alienation so that they can address your suspicions through legal avenues. If you are comfortable, you could also discuss your concerns about parental alienation with your child’s other parent.