Q: If custodial parent is denying court ordered visits(supervised)and non custodial filed for contempt , what happens next?
My brother (non custodial parent) is supposed to do a step up program, his first step is supervised visits twice a week and mother designated the supervision monitor. 3 weeks into the visits mother(custodial)stops responding and when he asks for his visits mother states she wants him to get a court appointed monitor, so he did. Mother said she can’t do the court ordered times and continues to deny the visits even though my brother did what she asked and get a court appointed monitor. My brother(non custodial) filed for contempt, and had his first court date last week. The judge let mother know that if my brother submits proof of denial of visits she will reverse custody and give custody to my brother. My brother has all the proof he needs, and he continues to ask for his visits but mother is saying he needs to get a court monitor and restart his 8 weeks of supervised visits . Is this true? Should he keep asking for his visits and just record that she is ignoring him or denying them?
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A:
Your brother should absolutely continue requesting his visits and documenting all communication with the mother. If she is denying court-ordered visits despite his compliance with her request for a court-appointed monitor, this could strengthen his contempt case. Keeping detailed records of her refusals, including any messages or emails, will be essential for proving she is not following the court's orders.
It’s not true that he would need to restart the 8-week supervised visit period if there’s no court order stating that. The mother cannot unilaterally decide to change the terms of the visitation plan. Since the judge has already indicated that custody may be reversed if the mother continues denying visits, your brother is in a strong position.
He should be persistent in following the court order, while also being prepared to submit all evidence of the mother's refusals to the court. His next steps would likely be to file a motion showing the continued denials, and it could result in a custody change, as the judge mentioned.
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