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Can your ex refuse scheduled parenting time after a divorce?

On Behalf of | Oct 26, 2021 | Family Law

When you divorce in New Hampshire, you and your spouse have to work out a way to share parenting time. If you reach your own agreement, you might have a faster and quicker divorce. If you don’t, a judge will be the one who ultimately determines your parenting plan.

In either situation, you and your ex will have to abide by the final custody order approved by the courts when they finalize your divorce. What can you do if your ex suddenly starts refusing you your scheduled parenting time?

Document the refused parenting time

Ideally, you would never have to worry about your ex interfering in your relationship with your kids. Unfortunately, it is so common that it is one of the four situations in which the New Hampshire courts may engage in enforcement activity related to a child support or custody order.

When your ex cancels your visitation without a valid reason, you should make a record of that. Generally, you have to make an effort to show up for the custody exchange to court it. Each time they cancel or deny your parenting time, they should give you the opportunity to make up that lost time. If they do not, you may soon have documentation that helps establish that your ex has unfairly interfered in your parental rights.

Go to court and ask for a modification

The courts may order makeup parenting time for you or might even give you more time with the children and more legal authority because of your ex’s behavior. Unfairly denying visitation or trying to damage the relationship between children and a parent our behaviors that not only harm the parents missing out on time with the children but also the kids in the family.

The New Hampshire family courts can update or modify an existing custody order when family circumstances change. The non-compliance of one parent with a custody order may shift what the judge feels is in the best interest of the children. Losing contact with one parent can be hard on the children, and the courts may penalize a parent who inappropriately interferes in their ex’s parental relationship.

Taking quick action when your ex interferes in your relationship with your children can help you protect your custody rights.

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