El Monte, CA asked in Child Custody for Arizona

Q: If custodial parent doesnt let non-custodial have court order visition with child. What steps are needed

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1 Lawyer Answer
Jared E. Holland
Jared E. Holland
  • Flagstaff, AZ
  • Licensed in Arizona

A: The failure to allow a parent to exercise court-ordered parenting time is considered a violation of a court order for which the parent withholding the child can be held in contempt. The proper way to address a contempt situation is to file a motion with the court requesting an "Order to Appear" (you will also have to provide the court with a completed form order to appear for the court to sign). Assuming the court signs the order to appear, you will need to have the order served on the non-compliant parent and prepare for the hearing on the order. At the hearing you will have the opportunity to present your evidence of non-compliance (provided you complied with applicable disclosure rules) and ask the court to hold the other parent in contempt. If the court holds the other parent in contempt, the court must also provide that parent with an opportunity to "purge" the contempt order. This is usually done by the court ordering make-up parenting time.

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