What to Do if a Co-Parent is Blocking Access to the Kids

 Posted on November 09, 2023 in Family Law

Emotions can run extraordinarily high in a divorce, especially with issues regarding the children. In an ideal situation, co-parents work together to ensure the well-being of their children. But sometimes, one co-parent may engage in behaviors that obstruct the other parent’s access to the children. If you find yourself facing such a situation in Illinois, it is crucial to understand how a lawyer can help you enforce the divorce decree. Do not hesitate to call a legal professional if your ex-spouse is violating the decree and not allowing you to see the children involved.

Navigating a Difficult Situation

If you believe your co-parent is blocking access to your children, the first step is to consult with an experienced family law attorney. They will provide invaluable legal knowledge of the situation, which will help you achieve your legal objective, which, in this case, is to regain your rightful access to your children. Your attorney will help you to understand your rights and obligations under the post-divorce decree.

Review the Divorce Decree

Your divorce decree is a court order that outlines the rights and responsibilities of each parent. It includes provisions regarding child custody, visitation, and parenting time. Before taking legal action against your ex-spouse, carefully review the decree and parenting plan with your lawyer to determine whether your co-parent’s actions violate any of the agreed-upon terms. Gather evidence, such as text messages, emails, or witnesses, to support your claim.

Mediation or Negotiation

In Illinois, many courts require parents to attempt mediation or alternative dispute resolution methods before resorting to litigation. A mediator facilitates open communication between both parties, aiming to reach a mutual agreement regarding child custody and visitation. Negotiation can provide a more collaborative approach, helping you find common ground and address the issue without going to court.

File a Motion for Enforcement

If negotiation and mediation fail to resolve the issue, you may need to file a motion for enforcement with the court that issued your divorce decree. This motion will outline the specific violations your co-parent has committed and request the court’s intervention. Your family law attorney can help you prepare this motion and present the necessary evidence to support your case.

Contact a St. Charles, IL Family Law Attorney

When a co-parent blocks access to the children, it can be distressing and challenging for you and the children involved. However, you do not need to face this situation alone. The dedicated Kane County, IL family lawyer with Weiler & Associates, Inc. is ready to help. Contact us at 630-331-9110 for a private consultation.