What Remedies Are Available When a Child Refuses Visitation?

In New York, a parent with primary child custody has a legal obligation to ensure that the visitation order established by the court is complied with. When a child refuses to spend visitation time with the other parent, it presents a complex situation that requires careful handling by both parents and, potentially, the courts.

The custodial parent must actively facilitate the relationship between the child and the non-custodial parent. This involves more than merely making the child available for visits. It includes arranging the child’s schedule to accommodate the visitation schedule, encouraging a positive outlook towards the visits and not speaking negatively about the other parent in front of the child. Failure to do so can lead to legal consequences for the custodial parent, including a modification of custody arrangements if it is found that they are actively thwarting the visitation agreement.

If the non-custodial parent believes that the custodial parent is not fulfilling their duty to comply with the visitation order, they can go to court to argue that visitation is being denied. This is typically done by filing a petition for enforcement of the visitation order. The court will then examine whether the custodial parent has made reasonable efforts to comply with the order and facilitate visitation.

Courts generally prefer to take a cautious approach in these situations, recognizing the sensitive nature of family dynamics. The court’s primary concern is always the best interests of the child, which includes maintaining relationships with both parents whenever possible. In deciding whether to intervene, the court will consider several factors, such as the age and maturity of the child (older children’s preferences may carry more weight) and the reasons for the child’s refusal. Is the child being influenced by the custodial parent, or do they have legitimate personal reasons? 

If the court finds that intervention is necessary, it can take these possible actions:

1. Disciplinary measures — The court may insert itself as an authority figure by imposing a set of house rules, such as denial of privileges and activities if a child refuses visitation. 
2. Counseling — The court may order family or individual counseling to address underlying issues affecting the child’s reluctance to visit the non-custodial parent.
3. Modification of visitation schedule — The court might find the existing schedule to be too burdensome or not in the child’s best interests and may alter it to make visits more manageable.
4. Change of custody — If the custodial parent is found to be the primary cause of the child’s refusal (e.g., through alienation tactics), the court may alter the custody arrangement.

The issue of a child refusing to spend time with a parent can be fraught with emotional complexity. Parents are expected to work collaboratively to attempt to resolve the situation in a manner that prioritizes the child’s best interests. An experienced child custody and visitation attorney can assist in finding an effective solution to the problem.

With offices in Williamsville and downtown Buffalo, the Law Offices of Randy S. Margulis represents clients throughout Western New York in family law matters, including child custody and visitation. Contact us online or call 716-886-9600 to schedule a meeting.