It’s no secret that the divorce process can be difficult for children in many ways. While it may be best for everyone for the parents to part ways and live independently, children often need some time and support to adjust to this new reality. Even if the parents hope to interact as little as possible once the divorce is finalized, the parenting plan they create requires them to define their roles and responsibilities as they raise their child. Historically speaking, family law courts used to award custody to the mother because there was an assumption that she was better equipped to care for and raise a child. However, recent decades have seen a notable shift in thinking about how a child’s best interests are preserved during the divorce process. Several studies have shown that “Children from divorced families who either live with both parents at different times or spend certain amounts of time with each parent are better adjusted in most cases than children who live and interact with just one parent.” In other words, children benefit from a custody arrangement that allows them to build meaningful relationships with each parent. To better facilitate this process, Washington courts tend to favor parenting plans that establish joint custody or at least a regular visitation schedule with the child’s noncustodial parent.
However, what happens when a child won’t visit the noncustodial parent? Although children cannot legally violate custody agreements by refusing to visit the other parent per the terms of the parenting plan, it’s important for both parents to do what they can to encourage the child to comply with the visitation schedule. In some cases, the court may step in to resolve the matter and arrive at a solution that still prioritizes and protects the best interests of the child. If you are struggling with child visitation refusal in Washington, it’s natural to feel overwhelmed and confused about how to resolve this disruptive matter. Enlisting the guidance of a highly experienced and compassionate Seattle family law attorney can give you the support and reassurance you need to navigate this challenging time with greater understanding and clarity. Let’s take a closer look at how parenting plan enforcement in Washington typically works and the steps you can take to resolve custody and visitation disputes as smoothly and effectively as possible.
Understanding Parenting Plans and Their Enforceability in Washington State
When the Washington court puts a parenting plan in place, this becomes a court order. This legal document can be enforced by the court to ensure that the parties are adhering to the terms of the plan and not violating their responsibilities. Disputes about parenting plans may arise at any time, and the court may need to step in to enforce the parenting plan in order to resolve the disagreement. For example, if the other parent is repeatedly failing to bring the child to your house on the scheduled days, you can raise this issue with the court and have the judge determine whether the parent is in contempt. Depending on the specifics of the situation, the judge may order make-up visitation time, fines, or even jail time as punishment for violating the terms of the parenting plan. However, it’s important to recognize that the court will look closely at the custody or parenting plan dispute before taking action. In some cases, the parent who is accused of violating the terms of the parenting plan has a valid reason for doing so. For instance, if the parent is concerned that the other parent is unsafe or poses a threat to the child, this may very well cause them to keep the child away from this person. Even if this is the case, the concerned parent should not just ignore the parenting plan—instead, they need to report their concerns to the court and ask for a modification to the existing order. To learn more about how parenting plans are enforced in Washington state, you can seek the counsel of a highly qualified and caring Seattle child custody lawyer to get started.
When Child Resistance Becomes a Legal Issue in King County
Since parenting plans are court orders that name the two parents, children cannot technically violate the terms of the agreement or be found in contempt. However, the way in which the parents act or respond to the child’s refusal to adhere to the custody arrangement or visitation schedule can have a significant impact. As soon as your child shows signs of refusing to visit the other parent or complaining about having to spend time with them, it’s important to understand the root of this behavior. For instance, is your child simply complaining about the hassle of moving from one home to another? If so, acknowledging that the logistics of moving between homes is difficult and then encouraging the child to get into the car may be enough to resolve their initial reluctance to visit their other parent. However, if they seem genuinely fearful about spending time with the other parent, this is worth immediate attention. Should your child share concerning statements about the other parent, contact a caring and trusted Seattle child custody attorney to determine the most appropriate course of action that protects the best interests and safety of your child. Other cases where child resistance can escalate into a legal issue is if the court suspects a parent of engaging in acts of “parental alienation” (i.e., saying disparaging things about the other parent or undermining the child’s relationship with the other parent). Family courts in Washington state take accusations of parental alienation seriously, so it’s essential to enlist the support of a trusted legal advocate who can help you achieve a fair resolution.
Strategies to Address Child Visitation Refusal in Washington State
When a child pushes back against the current child custody or visitation schedule, it’s natural to feel a bit frustrated and annoyed by this behavior. There are several strategies you can use to address child visitation refusal swiftly and effectively, a few of which are listed below.
Prioritize Open Communication With The Other Parent
Even if you and the child’s other parent are not on the best of terms, it’s crucial that you are able to communicate civilly, honestly, and openly about your child. Gently share your child’s concerns with the other parent and try to listen empathetically to how the parent responds. If they are overly defensive or aggressive, you may decide to seek additional support in order to arrive at a solution.
Seek Professional Help As Needed
As a parent, hearing that your child is refusing to visit you can be emotionally devastating. Moreover, as the parent responsible for reporting your child’s concerns to the other parent, it can be stressful to listen to the other party’s angry response. Seeking the guidance of a qualified professional, such as a family counselor or therapist, can be the best way to work through difficult conversations and reach a solution that works for everyone.
Pursue a Modification to the Current Arrangement
When both parents agree that altering the terms of an existing child custody order protects the child’s best interests, either party may file a petition to modify the parenting plan. Even if the parents are not on the same page about seeking the modification, the parent wishing to change the current plan may file the petition and share their reasons and concerns with the court. The modification process can be stressful to navigate without the guidance of a caring and knowledgeable Seattle family law attorney by your side, so it’s highly recommended that you do so.
Distinguishing Parental Alienation From Legitimate Fear
In many child visitation refusal cases, the critical question is whether the child has a legitimate fear of spending time with the parent or whether the custodial parent is engaging in acts of parental alienation that have “turned” the child against the other parent. If your child’s refusal to go visit the other parent seems genuine, it’s important to address these concerns right away so that the other parent does not accuse you of parental alienation. On the other hand, if you believe that the other parent has bad-mouthed you to your child and is bribing them to refuse to see you or treat you poorly, it’s worth reporting these suspicions to your trusted and experienced Seattle family law attorney to determine the most strategic path forward. Every case is different, which means that you deserve the customized legal strategy that will best support your child’s best interests and resolve the issue as fairly and efficiently as possible. To learn more about dealing with parental alienation in Washington, reach out to a caring and trusted legal advocate for the support and guidance you deserve.
Get In Touch With Seattle’s Go-To Family Law Firm Today
If you are struggling with a child custody or parenting plan disagreement, you need reliable and effective legal guidance to help you obtain a workable solution. Reach out to the dedicated and experienced team at the Hemmat Law Group at (206) 682-5200 to get started with a knowledgeable and caring Seattle family law attorney.