The sympathy of the parents, governed by a visitation order, does not deny any legal consequences if this order is violated. The order is made and enforced by a court. If one parent violates a visitation order with the presumed consent of the other parent, the offence may nevertheless have negative consequences invoked by a court. The court will deal with the welfare of the children in deciding whether a contentious amendment should be approved. It is important to present your argument in the best possible light and to make it clear to the judge why your proposed amendments are in the best interests of the children. Your lawyer can help. Depending on the particular circumstances, the parent may also be threatened with criminal sanctions. Virginia Code 18.2-49.1 makes it a Class 6 crime for any person to knowingly and deliberately deprive a child of a parent or legal guardian in a clear and serious violation of a custody and visitation decision. In order for a Class 6 crime to be committed, the child must be detained outside Of Virginia. Second, if there is a controversy or disagreement over the terms of custody and visitation, you should request an amendment to the child`s custody or visitation by-law.
This can help prevent situations where one or two parents are trying to take matters into their own hands and are trying to create new regulations. All amendments must first be approved by the court before being implemented. The legal consequences of violating a visitation order may be: Wendy L. Hart is an experienced family lawyer who helps residents of Tarrant County visit and other family law needs and represents both men and women. After her own divorce, Wendy got to know the divorce process and its impact on parents and their children. If the parents cannot accept the necessary changes, you may have to ask the court for a change in the custody system. With the help of your lawyer, you can submit the correct form with the information you need to search for a change. Violations of child custody can have serious consequences and are incredibly frustrating for the party involved in these violations. Frequent violations of a child custody order include: a parent who keeps the children away from the other parent while there is a court-ordered custody plan; A parent who establishes the other parent in front of the children; or a parent who does not allow children to call the other parent, whereas the custody order provides that they can do so. Depending on the language in your custody decision, it is very likely that there will be other provisions that will be violated.