What remedy is available if a visitation order is violated?

There are various approaches to bring these violations of an order to the attention of the court. The harshest remedy for violation of the visitation orders of the court would be technically a contempt action, which is a separate lawsuit, involving filing fees, new service upon the petitioner, etc. Because contempt actions involve a quasi-criminal situation, meaning that if the person sued is found in contempt of a civil order, they risk suffering incarceration, so then and in that case, the sued parent may choose to remain silent. Another approach to inform the court would be through either a Motion to Modify, or a Motion for Sanctions. Either or both of these motions would involve additional expenses of filing fees or service of process. Additionally, attorney’s fees may be sought, along with other more creative sanctions, which could be tailored to the circumstances of your case. For example, make up time visitation orders can be requested. Finally, since jail is not a potential sanction under these options, the person sued may NOT remain silent. In other words, the court can compel answers to questions asked at the hearing.

Call 214-373-9292 or contact us to discuss your concerns.

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