As a general rule, you can never deny visitation or custody rights. Once there is a court order stating that the other parent has a right to see their child, you must follow that court order. It doesn’t matter if you and your ex aren’t on good terms. It doesn’t even matter if they’ve failed other obligations, like paying child support—you still have to uphold the court order.
That said, there are a few rare exceptions to this rule that are worth considering.
The visit is outside the scope of the order
If your ex contacts you and demands immediate visitation with the child, but this isn’t included in the court order, it falls outside the normal timeframe for these visits. In such a case, you don’t have to allow them to see the child because it’s not part of the court order that was issued.
You’re worried about parental kidnapping
One concern could be that your ex might attempt to abduct the child. While rare, parental kidnapping does happen. You may be able to deny visitation by obtaining an emergency order from the court to protect the child. However, you cannot do this lightly—if there are no genuine concerns about an abduction.
The child would be in danger
In some cases, you can deny visitation if you believe the child would be in danger with the other parent. This could involve neglect or abuse. For instance, if the other parent has a problem with alcohol or drug use and shows up intoxicated to pick up the child, you don’t have to let the child get in the car with them.
Honoring the court order
That said, you must honor the court order in most cases. When disputes arise, it’s crucial to understand your legal options and take appropriate steps to resolve them.