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Can the courts stop a parent from seeing their child? 

On Behalf of | Sep 8, 2022 | Family Law

One of the most contentious areas of divorce proceedings tends to be child custody. In many cases, parents are able to agree upon a parenting schedule that the court can sign off on. In some cases, the court will intervene and draw something up that it believes to be in the best interests of the child

The relationship between co-parents might deteriorate after divorce proceedings. One parent may be of the opinion that the other is not fit to look after the child. They are aware that they cannot simply deny the parent access, but can the court intervene and stop visitation? 

It’s about the child’s best interests 

For the most part, the courts prefer to see both parents playing an active role in the upbringing of the child. However, there are some circumstances where they may intervene and stop visitation, at least on a temporary basis. 

When a parent is involved in a crime 

If a parent has begun to use drugs or alcohol and ends up charged with a crime – whether that’s possession or drunk driving – that could be enough evidence for a court to order supervised visitation. If the parent is involved in something more serious, the court may order a halt ot all visitation. 

When there’s evidence of abuse 

The family court frown upon abusive behavior, whether it’s physical or mental. If evidence of abusive behavior comes to light after the original custody arrangement was drawn up, then the court can still make changes. They might even stop visitation altogether. 

Visitation cannot be stopped simply because one parent disagrees with the custody arrangement. It also cannot be stopped if a parent has fallen behind with child support. Nonetheless, there are exceptional circumstances in which the court will intervene. If you need some support asserting your rights as a parent or protecting your child, be sure to seek some experienced legal guidance.