What Are Your Legal Options?
As divorce attorneys practicing in Chicago, we understand how difficult parenting time disputes can become, especially when children refuse to participate in scheduled visitation. While the parenting plan may be clear, real life can be more complicated. Children can grow resistant to visitation for many reasons, and when that happens, both parents may feel powerless or unsure about what to do. Illinois law places obligations on both parents to support the parenting time schedule, but it also recognizes that a child’s voice matters, particularly as they grow older.
Under Illinois law, parenting time is governed by a court-approved allocation judgment. This includes a schedule both parents are expected to follow. When a child refuses visitation, the parent with primary residential parenting time is still obligated to encourage and facilitate the visits, even if the child resists. That said, the court won’t force a teenager to get into a car or spend time with a parent if there’s a deeper problem that hasn’t been addressed. If you’re facing this situation, it’s important to understand your rights and what steps you can take to protect your child and comply with the law.
Legal Duties Under Illinois Parenting Time Law
According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.10), the court allocates parenting time in a way that serves the best interests of the child. Once a parenting schedule is approved, both parents are legally bound to follow it. That includes making the child available during the other parent’s parenting time. If a child refuses visitation, the parent with physical custody cannot simply allow the child to skip it without attempting to comply.
Sometimes, the parent in possession of the child cannot get the child to spend time with the other parent. In those cases, the custodial parent must make reasonable efforts to encourage the child and follow the parenting time plan. Failing to do so could be seen as interference or noncompliance and may lead to legal consequences, including modification of custody or being held in contempt of court.
When The Refusal Is Based On Fear Or Discomfort
If a child refuses visitation due to emotional discomfort, fear, or past conflict, the court may take this seriously, especially if the child is old enough to express their preferences. The judge will want to know if there is a valid reason behind the refusal. In such cases, we may ask the court to appoint a Guardian ad Litem (GAL) or child representative under 750 ILCS 5/506 to assess the situation and make recommendations.
In some cases, therapy or family counseling may be ordered to address underlying conflict. If the child has been exposed to abuse or emotionally harmful behavior, emergency relief can be requested under 750 ILCS 5/603.10, including the temporary restriction or suspension of parenting time until the court can hold a hearing.
How Courts View Older Children’s Input
Illinois courts recognize that children’s wishes should be considered, especially as they grow older. While there is no fixed age at which a child can decide, the court may give significant weight to the preferences of teenagers, particularly if they are able to articulate a reasonable basis for refusing visitation.
That said, the child’s preference is not determinative. The court will balance it with other statutory best-interest factors under 750 ILCS 5/602.7, including each parent’s relationship with the child, the child’s adjustment to their environment, and any past unwillingness to support the other parent’s relationship with the child.
Options For Addressing Visitation Refusal Legally
If your child is refusing visitation, and you are unsure what to do, there are legal steps we can take. First, we can petition the court for a modification of the parenting time schedule under 750 ILCS 5/610.5 if there has been a substantial change in circumstances. Second, we can seek counseling support to address the refusal and determine whether a GAL or a child representative should be appointed.
If you are the non-resident parent and believe the custodial parent is not making good-faith efforts to facilitate visitation, a motion for enforcement may be appropriate. The court can impose make-up parenting time or other remedies if it finds that visitation has been wrongfully denied.
We always urge our clients to document their efforts and avoid reacting emotionally. These situations are best addressed with strategic legal action, not confrontation.
Visitation Frequently Asked Questions
Can I Be Held In Contempt If My Child Refuses To Visit The Other Parent?
Yes, it’s possible. Illinois courts expect the custodial parent to make reasonable efforts to follow the parenting time schedule. If the court finds that you passively allowed or encouraged the refusal, you may be held in contempt. Document your efforts to comply and seek legal advice immediately.
At what Age Can A Child Decide Not To Visit The Other Parent In Illinois?
Illinois law does not set a specific age at which a child can choose. However, courts tend to give more weight to the preferences of older children, especially teenagers, if they provide a reasonable explanation for their refusal. The decision ultimately rests with the judge based on the best interests of the child.
What Should I Do If My Child Refuses To Visit, But I’m Trying To Follow The Order?
Document everything. Keep a written record of conversations with your child, efforts to encourage visitation, and communication with the other parent. If the refusal continues, consult with your attorney. We may ask the court to modify the parenting plan or involve a therapist or GAL to assess the situation.
Can My Ex Force Our Child To Visit Even If They’re Afraid Or Uncomfortable?
No child should be forced into an unsafe or traumatic situation. If there is evidence of emotional or physical harm, you need to be proactive and seek court intervention to restrict or supervise parenting time. The court may also order counseling to help resolve the child’s concerns in a healthy, structured way.
How Do Courts Handle False Allegations Of Visitation Refusal?
If one parent falsely accuses the other of interfering with visitation, and we can prove those claims are untrue changes to the parenting plan may be warranted. It’s important to keep records of your communication and efforts to comply to protect yourself from these types of accusations.
Can I Modify My Parenting Time Order If My Child Refuses Visitation Long-Term?
Yes. If the refusal is ongoing and has caused a substantial change in circumstances, we can petition the court under 750 ILCS 5/610.5 for a parenting time modification. The court will consider whether the change serves the child’s best interests and whether the current schedule is still workable.
Call Michael C. Craven To Help Protect Your Rights And Parenting Time
Parenting time issues are emotionally and legally complicated, especially when your child is caught in the middle. If your child is refusing visitation or if you’re being accused of blocking parenting time, our legal team can help you protect your rights and move toward a resolution that works.
We represent clients across Chicago and understand the complexities of Illinois parenting laws. Contact our Chicago child custody lawyer today by calling (312) 621-5234 to schedule a free consultation. Let’s discuss your options and take the next step with confidence.
