The penalties for violating a Wisconsin placement or visitation order can be severe. A parent who engages in custodial interference – leaving, taking away, or withholding a child from his or her other parent – may be subject to fines, including the other parent’s attorney’s fees and court costs; jail time; and perhaps a review and subsequent revision of the existing custody order.
Custodial interference may involve one parent physically preventing a child from seeing their other parent on a scheduled day, refusing to drop off a child when they are supposed to spend time with the other parent, interfering with communications with the other parent, or even relocating out of state with the child. Any act of disrespecting or disobeying a judge’s orders regarding court ordered placement can result in adverse legal consequences.
If you believe the other parent is intentionally interfering with your child placement schedule, your first step should be to try and resolve the issue with the other parent by reminding him or her of their obligations and your rights. If your efforts are unsuccessful, seeking help from an experienced attorney is key.
Your attorney can file a motion to enforce the placement schedule or file a motion for contempt of court. If the parties are unable to reach an agreement, an evidentiary hearing will be held before a judge who will make a determination in your case.
With your child’s best interests in mind, it is important to hold your child’s other parent accountable for their actions and ensure you and your child can share meaningful time together as the court originally intended. If your spouse is preventing you form seeing your child, contact the family law attorney Jane Probst to discuss your concerns today.