My Ex Won't Let Me See My Child - What Do I Do?

In many divorce and child custody cases, Minnesota Judges and Judicial Officers often set forth a parenting time schedule which will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child. However, in order to meet this goal of enabling the child to have a relationship with both parents, the Court expects that both parents will follow the court-ordered parenting time schedule. Unfortunately, not all parents follow court orders and, far too often, one parent makes the unilateral decision to deny the other parent his or her parenting time. If you find yourself in a situation where your ex is withholding parenting time from you, there are a number of legal remedies available.

Compensatory Parenting Time

For instance, if the other parent has repeatedly and intentionally denied you your court-ordered parenting time (or interfered with it), the court must order the other parent to allow compensatory or make-up parenting time to you. This compensatory parenting time must be taken within one year after the deprived parenting time, and must be at least of the same type and duration as the deprived time. This means that if you were denied seven days of thirty-minute video visits with the child, the court will at least order seven days of thirty-minute video visits with the child as make-up parenting time. However, the court may also order additional parenting time, including overnights, as the court believes to be in the child’s best interest.

Other Remedies

While compensatory or make-up parenting time is the most common remedy provided to parents who have been denied their court-ordered parenting time, the court may order a number of other remedies for repeated and intentional parenting time denial or interference. For instance, in order to deter the other parent from violating the court order in the future, the court may impose a civil penalty of up to $500 on them, or may require them to post a bond with the court for a specified period of time to secure their future compliance with the parenting time order. If the other parent continues to withhold parenting time during that timeframe, the posted bond gets forfeited to the court.

Moreover, in the event you have to retain an experienced parenting time attorney to assist you in enforcing the parenting time order, the court will oftentimes order that the other parent pay your attorney’s fees and court costs you incur during the process. Lastly, if you have incurred expenses (such as gas, travel expenses, or exchange center fees) due to the other parent’s violation of the court order, the court may require the other parent to reimburse you for those expenses. Similarly, if the court finds that you were denied parenting time and have incurred expenses in connection with the denied parenting time, the court may require the other party to post a bond in the amount of prepaid expenses associated with upcoming planned parenting time.

Protection of the Child

While the aforementioned remedies are available to parents who have been denied court-ordered parenting time, there are certain circumstances where a parent may be legally entitled to withhold or deny parenting time to the other parent. For instance, if the court finds that any denial of or interference with court-ordered parenting time was necessary to protect the child’s physical or emotional health, the court is not required to provide any of the above remedies for the parent who was deprived of their parenting time.

Modification of Custody

While proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court, it is important to note that it may also be sufficient cause to reverse the prior custody order. This means that if the other parent has sole legal and sole physical custody of the child, the fact that the other parent has denied or interfered with your parenting time may provide sufficient legal grounds to modify custody so that you have sole legal and sole physical custody.

If your ex is consistently withholding parenting time from you with no justification, there are many remedies available to you which may include additional parenting time with the child, monetary penalties, and reimbursement of expenses. The intentional deprivation of parental rights is a felony in Minnesota but, far too often, law enforcement officers refuse to get involved in such a “civil dispute.” As such, it is important that you retain an experienced family law or parenting time denial attorney who can obtain all of the relief provided under Minnesota law. Call the experienced family law and denial of parenting time attorneys at RAM Law PLLC to schedule your free initial consultation.