by Attorney Eric D. PuryearWhen a parent’s visitation is interfered with, it causes harm to both the child and that parent. The law in the states of Iowa and Illinois recognize that fact, and strongly favor visitation being enforced so as to avoid such harm.
In Illinois, the process of addressing visitation interference often involves filing a Petition for Rule to Show Cause with the Circuit Court Clerk, and presenting that Rule to Show Cause to a Circuit Judge for a preliminary determination that the visitation interference alleged constitutes contempt of court. The Rule to Show Cause is then served upon the parent who was interfering with visitation, and court date(s) take place. Showing that the visitation interference was an improper violation of the court Order can result in a finding of contempt against the parent who interfered with visitation. The court can then impose punishments that include jail time, payment of the other parent’s attorney fees, etc. The court can also make changes to the visitation order, allow makeup visitation, or even modify who has custody of the child.
In Iowa, addressing visitation interference generally starts with the filing of an Application for Rule to Show Cause with the District Court Clerk, and presenting that Rule to Show Cause to a District Judge for a preliminary finding that the visitation interference discussed in the Application for Rule to Show Cause does constitutes contempt of court. The Application for Rule to Show Cause is then served upon the parent who was interfering with visitation, and court date(s) take place. Showing that the visitation interference was an improper violation of the court Order can result in a finding of contempt against the parent who interfered with visitation. The court can then impose punishments that include jail time, payment of the other parent’s attorney fees, etc. The court can also make changes to the visitation order, allow makeup visitation, or even modify who has custody of the child.
To have the best chance of prevailing in a Rule to Show Cause for visitation interference, it is important to have the right evidence to show the interference that has taken place. In cases where I am addressing visitation interference for a client, I like to work with the client to obtain the necessary evidence, which often includes text messages, emails, facebook posts, etc.
Remember, visitation interference is a problem that tends to get worse, and seldom gets better with time. Addressing it as soon as possible is key to preserving the parent-child relationship, and avoiding such problems in the future.