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When the court either orders or approves a child visitation schedule, both parents are expected to follow that schedule. But what happens when one parent just won’t? A child visitation lawyer in Lowcountry, SC can help you decide when to move beyond trying to work things out personally and get the law involved.

How Child Visitation Schedules Are Enforced in Lowcountry, SC

The primary way of enforcing the schedule is through contempt of court proceedings. The court will consider violations such as denying access to the other parent or refusing to follow the specified times as serious because the parent involved is defying the order of the court and its authority.

It all starts when you and your lawyer file a motion with the court alleging contempt. This means a hearing will be set up where the court will review evidence that demonstrates your claim. One of the key elements the court will review in this process is whether this violation was willful. In other words, they want to know if the other parent is willingly and knowingly disregarding the order for no good reason, or whether there is justifiable cause, such as an emergency that affected the child’s safety.

If the other parent is found in contempt of court, then the court can impose a range of sanctions. In cases like these, the South Carolina courts use something called the Rule to Show Cause. This is a specific legal tool that compels the violating parent to come and explain why they should not be held in contempt for violating the order and why the court should not make a judgment in favor of the other parent.

Granting Make-Up Visitation Time as Compensation

One of the first potential enforcement tools is to grant make-up visitation time to the parent who has been denied their legally assigned visitation. This is not just a matter of “fairness” to the parent but rather an important way of compensating for lost opportunities to bond with the child. The courts believe it is nearly always best for a child to be able to maintain a strong relationship with both parents. Thus the problem with denying visitation is primarily that it is harmful to the child.

This is why the courts will first attempt to fix things without imposing sanctions that could disrupt the parent-child relationship with a parent who is in violation of the court order. In ordering this extra time, the court will consider what opportunities were lost and also what would be best for the child’s stability.

Modifying Existing Visitation Schedules for Long-Term Compliance

In some cases, it may become clear to the court that the real issue is with the original order, which is simply not workable. Either it was not workable from the beginning, or the situation has changed in some way. In that case, the court may be willing to modify the existing order. It may choose to do this on its own, or you and the other parent can request a modification if you can demonstrate that there’s been a substantial change in your circumstances or the circumstances of the child.

In determining whether to change the existing schedule, the court will consider the original plan, the specifics of the adjustment itself, factors like the child’s age and emotional needs, and the history of parental cooperation. Again, this strategy is designed not so much to punish the parent that is in violation as to rectify the situation for the good of the child and get rid of logistical barriers that may be making visitation difficult. If the court has to modify the schedule for these reasons, it may also include new provisions to regularly review visitation as a child grows older.

Emergency Orders Filed By Your Child Visitation Lawyer

In some cases, law enforcement will have to get involved. This is usually when there is an emergency, such as when a parent refuses to return the child at all after a visit. At this point, you as the aggrieved parent can have your lawyer file an emergency request with the court for an order or warrant directing the police to find and retrieve your child.

Law enforcement cannot get involved for minor disputes and delays, but if there’s any risk of abduction or harm, or if the parent outright refuses to return the child, then the officers are authorized to enforce the order by taking physical custody of the child and returning them to the rightful parent. Bear in mind that you will need to show that there is an imminent threat to the child, there needs to be judicial approval of this step, and you may need to show documentation of prior violations to the visitation agreement.

Imposing Financial Penalties and Fines

Another tool that the courts can use is to impose fines on a parent who willfully violates court orders. This is designed not only to deter them from behaving in this way again but also to compensate the court and the other parent for the legal fees they’ve incurred due to this violation.

The court will take a look at the violation itself and how severe it is as it decides whether to bring a financial penalty or not. These penalties are usually adjusted based on the financial situation of the offender and also whether they are paying child support or alimony. The court will not want to compromise the parent’s ability to properly care for their child to support payments.

Ordering Incarceration for Repeated or Egregious Violations

For persistent or severe violations of the child visitation schedule, the court may hold the non-compliant parent in civil contempt and sentence them to jail time as a last resort. These sentences can range from short-term ones over a weekend to longer periods of up to six months. A lot depends on how frequent or severe the violations have been, but another important question is what impact it will have on the child. The court wants to make sure that ordering jail time will not be counterproductive to the stability of the family and the child’s life.

Involving the Department of Social Services

The state can involve the Department of Social Services (DSS) if violations are raising concerns about the child’s welfare. DSS can then do an investigation to assess the safety of the child and will make recommendations if it thinks there should be an intervention.

If you make a motion for enforcement and are alleging that there’s neglect or endangerment, then the courts are more likely to refer the case to DSS, depending on how the other parent responds. The home study or evaluation that DSS makes will inform the judicial decisions on compliance moving forward.

DSS can also oversee exchanges between you and the other parent or even mediate disputes, and this can help visitation resume in a protected manner. If DSS finds any evidence of harm, they may also recommend a temporary change to custody or require the other parent to go through counseling.