by Attorney Eric D. PuryearFor a parent that is not the primary caregiver for a child, holidays can especially important. That is because the holidays are a time when a combination of factors come together to create an ideal situation for family ties to be formed and strengthened. Those factors include time off of school for child, time off of work for the parent, holiday meals and gifts, and time spent with extended family.
Sadly, in many cases the parent who has primary custody of a child will interfere with the other parent’s ability to visit with the child. Such interference can have long-lasting negative effects upon the child, as well as the parent who is being denied visitation.
In both Illinois and Iowa, such visitation interference can be easily addressed. The first step involves getting a court Order for visitation, rather than relying upon informal agreements as such informal agreements rarely work out well in the long run. Then, if the court Order is not followed, action can be taken in court to enforce the visitation Order. Through a Rule to Show Cause in the Illinois Circuit Court or Iowa District Court, a parent who interferes with or denies visitation can be held in contempt of court and punished, to include a term in the county jail. The court can also order makeup visitation or other changes to the custody/visitation order, so as to remedy the situation.