by Attorney Eric D. PuryearThe crime of Unlawful Visitation or Parenting Time Interference in Illinois is defined by 720 ILCS 5/10-5.5 as follows:
(a) As used in this Section, the terms “child”, “detain”, and “lawful custodian” have the meanings ascribed to them in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.
(c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
A person convicted of Unlawful Visitation or Parenting Time Interference in Illinois can receive up to a year in the county jail as punishment for such a misdemeanor conviction.
There are defenses that can be raised against an Unlawful Visitation or Parenting Time Interference charge under Illinois law, which include consent of the other parent or that the alleged violation was necessary to prevent certain types of imminent harm to the child.
In addition to the possible criminal penalties, a person who is convicted of Unlawful Visitation or Parenting Time Interference can expect harm to their custody case. For that reason, it is important to take such charges seriously and seek an attorney at once.