Violating Parenting Time Rights

Some important things to understand. No matter what order is in place for Legal Decision Making rights neither parent has the right to deny the other parent entitled to Parenting Time their court ordered time with the child without a legal reason. Also, non payment of child support is not a legal reason to deny court ordered parenting time. You cannot decide you will deny parenting time as a form of punishment for anything the other parent says or does. The only time you can deny parenting time is if you have a reasonable belief that your child would be in emanate danger with the other parent but you must take the proper (legal) steps when this is the issue. Having proof is very important in those cases and filing for an emergency hearing (or change in parenting plan) is something that must occur. (I recommend involving the police if you truly feel your child is in danger)

 

The following is the Arizona Revised Statute about what can be expected if you violate the other parents right to parenting time.

 

Title 25 Chapter 4 Article 1
25-414. Violation of visitation or parenting time rights; penalties

A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:

1. Find the violating parent in contempt of court.

2. Order visitation or parenting time to make up for the missed sessions.

3. Order parent education at the violating parent's expense.

4. Order family counseling at the violating parent's expense.

5. Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.

6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent's expense.

7. Make any other order that may promote the best interests of the child or children involved.

B. Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.

C. Court costs and attorney fees incurred by the nonviolating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.