What Happens If My Ex Refuses To Allow Me To See My Child In Illinois?

Child visitation disputes can be one of the most frustrating and emotionally exhausting challenges a parent can face. When a court order grants visitation rights, both parents are legally required to follow the terms outlined in the parenting plan. If an ex refuses to allow scheduled visitation, they may be violating Illinois law. This type of interference can not only damage the parent-child relationship but can also lead to legal consequences for the non-compliant parent. Illinois courts take these matters seriously and provide legal remedies to enforce visitation rights. Understanding the available legal options can help parents take the right steps to protect their relationship with their child and hold the other parent accountable.

Understanding Parenting Time Orders In Illinois

Illinois law refers to visitation as “parenting time.” Under 750 ILCS 5/602.7, the court determines parenting time based on the best interests of the child. Once a parenting plan is established, both parents must follow the court-ordered schedule. A parent cannot legally withhold visitation unless there is a court-approved modification. If an ex refuses to comply with the parenting time schedule, they are violating a court order, which can result in legal consequences.

Common Reasons Parents Are Denied Visitation

There are many reasons why a parent might try to block the other parent’s visitation rights. Some of the most common include:

Personal Disputes – The custodial parent may attempt to withhold visitation out of anger or resentment.
Allegations Of Abuse Or Neglect – If the custodial parent believes the child is in danger, they may attempt to restrict visitation.
New Relationships Or Relocation Issues – A new spouse or partner may influence a parent’s willingness to follow the agreed schedule.
Failure To Pay Child Support – Some parents wrongly believe they can deny visitation if the other parent is behind on child support payments.

While concerns about safety should be taken seriously, any modification to a parenting plan must go through the courts. A parent cannot take matters into their own hands and block visitation without legal approval.

Legal Remedies When An Ex Denies Parenting Time

Illinois law provides several legal remedies when a parent refuses to follow a parenting time order.

Filing A Motion To Enforce Parenting Time

Under 750 ILCS 5/607.5, a parent who is denied their court-ordered parenting time can file a motion to enforce the order. The court may:

Order Make-Up Parenting Time – The non-compliant parent may be required to provide additional parenting time to compensate for missed visits.
Impose Fines Or Sanctions – The court may impose financial penalties on the parent who refuses to comply.
Order Counseling Or Mediation – If the dispute continues, the court may require both parents to attend counseling or mediation.

If the violations persist, the court may consider further legal action.

Contempt Of Court

If an ex continues to violate a parenting time order, they may be held in contempt of court under 750 ILCS 5/607.6. This is a serious offense that can lead to:

Court fines
Mandatory parenting classes
Jail time in extreme cases

Contempt proceedings are a strong legal tool to ensure compliance with the court’s orders.

Modifying The Parenting Plan

If visitation issues continue, a modification of the parenting plan may be necessary. Under 750 ILCS 5/610.5, a parent can request a modification if there is evidence that the current arrangement is not in the child’s best interests. If one parent repeatedly interferes with visitation, the court may alter the allocation of parenting time or even custody.

What Not To Do If An Ex Blocks Visitation

When dealing with a parent who refuses visitation, it is critical to handle the situation legally. Some actions can hurt a case, including:

Withholding Child Support – Illinois law treats child support and visitation separately. Failing to pay child support can result in legal consequences but does not justify visitation interference.
Taking the Child Without Legal Authority – Attempting to take the child outside of the agreed-upon schedule can lead to serious legal trouble, including kidnapping charges.
Engaging In Arguments Or Threats – Documenting missed visits and working through the courts is the best way to address violations.

A parent who follows the proper legal channels is more likely to achieve a favorable outcome.

Illinois Visitation FAQs

What Should I Do If My Ex Refuses To Follow The Parenting Plan?

If a parenting time order is in place and the other parent refuses to follow it, document each missed visit and any communication about the refusal. Then, file a motion to enforce the order under 750 ILCS 5/607.5. The court may order make-up time, impose fines, or hold the non-compliant parent in contempt.

Can My Ex Deny Visitation If I Am Behind On Child Support?

No, child support and parenting time are separate legal issues. Under Illinois law, a parent cannot withhold visitation because the other parent is behind on payments. The proper way to address unpaid child support is through the court, not by violating a parenting plan.

What If My Ex Claims My Child Does Not Want To See Me?

A parent cannot deny court-ordered visitation based on the child’s preferences alone. If a child expresses resistance, the court may investigate the reasons behind it. In some cases, parental alienation can play a role, and the court may take legal action to address the situation.

Can I Call The Police If My Ex Denies My Visitation Rights?

While the police typically do not intervene in civil custody matters, a police report can serve as documentation of a visitation violation. In extreme cases, a court order may allow law enforcement to enforce visitation. However, most disputes should be handled through the courts.

What If My Ex Has A Restraining Order Against Me?

If a restraining order is in place, parenting time may be affected. The order must be reviewed to determine if visitation is still permitted. If visitation is blocked due to an order of protection, a modification may be necessary to regain access to the child lawfully.

Can I Modify My Custody Agreement If My Ex Keeps Violating Visitation Orders?

Yes, if one parent repeatedly interferes with court-ordered visitation, the other parent can file for a modification under 750 ILCS 5/610.5. The court may adjust the parenting schedule or even reconsider custody arrangements if necessary.

How Can I Prove That My Ex Is Denying Me Visitation?

Keep detailed records of all missed visits, including dates, times, and any communication about the refusal. If text messages, emails, or witnesses can confirm the interference, this evidence can be presented in court.

What Happens If My Ex Moves Away And Prevents Visitation?

If a parent relocates without court approval and interferes with visitation, legal action can be taken to enforce the parenting plan. Courts require proper notice and approval for parental relocation under 750 ILCS 5/609.2.

Do I Need A Lawyer To Enforce My Visitation Rights?

While some parents attempt to handle visitation disputes on their own, having a lawyer ensures that all legal options are pursued correctly. A lawyer can file the necessary motions, present evidence in court, and advocate for enforcement of the parenting plan.

Call Our Child Visitation Attorneys In Chicago For Legal Guidance

If your ex is refusing to let you see your child, legal action may be necessary to enforce your parenting time rights. Illinois law protects parents from unjustified visitation interference, and the courts have the authority to hold a non-compliant parent accountable. Ensuring that your relationship with your child remains intact is too important to leave unresolved.

If you are dealing with visitation issues, call the Law Office of Fedor Kozlov to schedule a consultation. Contact our Chicago child custody attorney at (847) 241-1299 for exceptional legal help. We represent clients in Schaumburg and throughout Chicago, Illinois.