Custodial Interference

In simple terms, custodial interference occurs when one parent attempts to interfere with the other parent’s custody rights of the child or children.

When custody orders are violated, it can result in criminal consequences in some cases, which is a highly contentious issue. However, there are a few circumstances in which it may be legal to temporarily interfere with the other parent’s custodial rights. The following are important facts to be aware of when it comes to custodial interference and what you can do about it.

Custodial Interference Types

Custodial interference can occur in a variety of ways. Some examples are as follows:

• While the other parent is supposed to have custody of the child or children, making a visitation on the child or children.
• The refusal to release the child or children to the other parent when the other parent has a planned and scheduled visit.
• Limiting the amount of time the child or children spend on the phone or online with the other parent.
• Not returning the child or children for a scheduled exchange on time.
• Using bribes to persuade the child or children to oppose the other parent.

Custodial interference, on the other hand, is not illegal in some circumstances. Consider the following scenario:

• When you are attempting to protect a child or children from harm.
• When pre-existing agreements cause custodial arrangements to be disrupted.
• When unforeseen circumstances prevent a parent from transferring their child or children in a timely manner (bad weather being one example.)

Is There Anything That Can Be Done?

Any instances of custodial interference can be reported to law enforcement and the courts by a parent. The courts will frequently attempt to resolve the situation. Here are some of the ways they try to accomplish this:

• Revisions and specific visitation orders are being implemented.
• Creating make-up time for the purpose of visitation.
• Family therapy or mediation is an option.

More severe intervention may be required depending on the situation – a parent may request more relief. Here are some examples:

• Having third parties present during supervised visits.
• A neutral location will be chosen for the child or children’s transfer.
• Custody or visitation rights are reduced or lost.