This also depends on whether there is a custody order. Custodial Interference Can Backfire. The only way I can get her to return would be by force sufficient to likely injure her. This is true even if the non-custodial parent is not paying their child support. In such situations, the attorneys and parents are excluded from the conversation. Learn more about what to do when a child refuses visitation. Presence of any uncertainty, confusion, fear, or insincerity in the child’s expression of a custodial parent preference; Judges may prefer to discuss custodial parent preferences and custody arrangements with children in chambers in a more private setting. 15 year old neice is visiting father out of state for scheduled visitation. However, there's not a lot of tolerance when a child exercises that willpower by refusing visitation. My 16 year old daughter refuses to return to her custodial parent after holiday break visitation with me. What If the Custodial Parent Refuses to Allow Visitation? Can a non-custodial parent refuse to return a child after visitation ends? Can a parent keep a child away from the other parent following a divorce? I love it! The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. If the non-custodial parent refuses to return the child it may be considered kidnapping. Is this level of refusing to co-parent a proper reason to lose custody of a child? Answer: Please note that these rules change according to state. What can I do to ensure I am not charged with custodial interference? As a parent you may feel like your hands are tied, especially after a divorce or separation. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. 2011-08-01 15:41:09. One of the twins is refusing to visit her father as a result of issues with their father. If they do not, then the custodial parent can be held in contempt of court. The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. I have physical custody of 14 year old twins (divorce finalized years ago). Parents often lament that children have minds of their own, and there's no doubt that this statement rings true for many families. Thank you for this question. 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