Divorce and separation can be difficult situations for both the parents and the children involved. When it comes to child custody and visitation, disputes can arise, and it is important for parents to follow court orders to ensure a smooth transition for their children.
In New Hampshire, violation of visitation orders can have serious consequences, including fines and even imprisonment. Hence, it is crucial for parents to understand how to enforce visitation orders and to navigate the legal system if necessary. This article provides a comprehensive guide addressing key areas on how to enforce visitation orders in New Hampshire.
Understanding the Visitation Order
Before discussing how to enforce visitation orders, it is essential to understand what a visitation order is. In New Hampshire, a visitation order is a legal document that details the rights and responsibilities of parents regarding visitation with their child. The order outlines the visitation schedule, the location, and duration of each visit, and any special provisions.
The visitation order becomes a legally binding document upon being signed by the judge, and it is crucial for both parents to follow its instructions. Typically, both parties involved will receive a copy of the order for their records.
What to Do If the Visitation Order is Not Followed
If one parent is not following the visitation order, the other parent has the option of taking legal action. In New Hampshire, the first step is to file a motion for contempt with the court that issued the visitation order.
Filing a Motion for Contempt
A motion for contempt is a formal request to hold the non-compliant parent accountable for their actions. This legal action is intended to force the violating parent to adhere to the original visitation order.
To file a motion for contempt, the complaining parent must provide evidence that the other parent is in violation of the order. Examples of evidence could be missed visits, late drop-offs, or failed attempts to visit the child.
The court will then evaluate the evidence and determine if there was a violation. If the violation is proven, the court may hold the violator in contempt, which could lead to fines, probation, and even imprisonment.
Negotiating a New Schedule
In some cases, communication between parents may falter. This breakdown can make visitation more challenging for both parties. If the visitation order is not being followed, both parties may need to revisit and renegotiate the terms.
In some cases, negotiating a new schedule may be necessary. If both parties agree to a new schedule, it can be submitted to the court for approval. If any changes are made, the new schedule must be signed by the judge to become a legally binding visitation order.
Sometimes child psychologists or child therapists are required to synthesize the needs of the child when creating or modifying a parenting plan.
Seeking Counseling and Mediation
If communication between parties becomes difficult or impossible, a neutral third-party mediator should be brought in to help resolve the issue. The court might appoint a mediator who will sit down with both parents and evaluate the situation to create a new visitation schedule that works for everyone involved.
Sometimes, private mediation is used to resolve visitation disputes. In many cases, counseling may also be necessary to help the parents learn how to communicate better and work together for the benefit of the child.
Seeking the Assistance of Law Enforcement
Sometimes, in the event of a severe dispute or emergency, police assistance may be necessary to enforce a visitation order. In such cases, the police can enforce the visitation order through civil law enforcement or, if necessary, through criminal charges.
If it’s an emergency, the police must be contacted immediately. In other cases, if the other parent is in violation of the visitation order, a call to the police non-emergency line can be made. The police will then investigate the matter.
Conclusion
In conclusion, parents should always remember that visitation orders are legally binding and have serious legal consequences if not followed. In cases where one parent is in violation of the visitation order, the other parent has the option of seeking legal intervention.
In all cases, the final decision will be made in the best interests of the child. There are alternatives to court intervention that may be more effective, including counseling and mediation. Communication is always critical and should always remain respectful and considerate in the best interest of the child.