Can a Custodial Parent Legally Withhold Visitation?

 Posted on May 27, 2025 in Child Custody

Disputes regarding visitation ("parenting time" in Illinois) can be frustrating and emotionally draining for all involved. During a divorce, if the parents are unable to work out the allocation of parental responsibilities, parenting time, and a parenting plan on their own, the court will do it for them. Once those decisions are made and the terms are outlined in the parenting plan, both parents are legally required to follow those terms.

When one parent refuses to allow the other his or her assigned parenting time, the parent-child relationship can be damaged, plus the noncompliant parent may be violating Illinois law. To be clear, there are very few instances where a parent can legally deny parenting time to the other, absent a court order. If your ex prevents you from having your court-ordered parenting time, speaking to an experienced Wheaton, IL family law attorney is important.

What is a "Custodial Parent?"

While courts usually award parenting time to both parents, one parent will often have primary physical custody, which means the child primarily lives with that parent on a day-to-day basis, while the other parent has regular parenting time. Some parents will have a true 50/50 split, which means neither parent is considered the custodial parent.

Just as the term for visitation is now parenting time in Illinois, the legal term for custody has also changed. The courts now use the term "allocation of parental responsibilities." Parental responsibilities include parenting time and decision-making authority.

Decision-making authority includes decisions regarding the child’s religious upbringing, healthcare and medical decisions, education, and extracurricular activities. Parents usually share in decision-making unless there is evidence to preclude such an arrangement. While one parent may have more day-to-day time with the child, the other is usually given liberal parenting time.

Should You Call the Police if Your Ex is Denying Parenting Time?

If one parent is preventing the other from exercising his or her right to parenting time, the parent being denied parenting time could call the police and show them the court order and parenting plan. Assuming the police are willing to read through a multi-page document and then interpret the language regarding the current situation, the police might force the other parent to turn over the child.

Unfortunately, thanks to ambiguous parenting plans and legal orders, the police are much more likely to tell parents to go back to court and figure it out. This is true even though a temporary order that awards parenting time or allocates parenting time in the final decree is a lawful document. In some cases, the officer will issue a notice in writing to the parent to appear in court and explain to the judge why he or she is withholding the child.   

What is the Unlawful Visitation Interference Statute?

Under Illinois Statute 720 ILCS 5/10-5.5, a parent who violates parenting time provisions in a court order by detaining or concealing the child from the other parent is guilty of a petty offense, while a parent who has two prior convictions of unlawful parenting time interference is guilty of a Class A misdemeanor. A petty offense results in a minimum fine of $75 and a maximum fine of $1,000. A conviction for a Class A misdemeanor in the state faces up to 364 days in jail and a maximum fine of $2,500.  

If the parent withholding the child receives a notice from the police and does not appear in court, a summons or warrant of arrest may be issued for him or her. If the parent withholding the child from the other parent's rightful parenting time can prove he or she committed the act to protect the child from "imminent physical harm," as defined under the law, then there may be no legal consequences for that parent.

Filing a Petition to Enforce Parenting Time

A parent being denied parenting time can file a petition to fight the denial of court-ordered parenting time. The court, acting in the child’s best interests, could make any number of decisions based on the facts and circumstances of the case. Some of these decisions include:

• Impose additional terms and conditions on the parent refusing parenting time.
• Require the noncompliant parent to post a cash bond to ensure future compliance.
• Require make-up parenting time to be provided for the parent who was denied his or her rightful parenting time.
• Determine that the noncompliant parent be held in contempt of court.
• Require both parents to attend a parental education program.
• Require the parents and child to participate in family and/or individual counseling.
• Impose a civil fine on the noncompliant parent.
• Suspend the noncompliant parent’s driver’s license.
• Require the noncompliant parent to reimburse the other parent for expenses incurred as a result of the violation of the court order or parenting plan.
• Place the noncompliant parent on probation.

Reasons Commonly Given by Parents Who Deny Parenting Time to the Other Parent

One parent could try to block the other’s parenting time for many reasons, including personal disputes that have led to anger or resentment. The parent denying the other parenting time could believe the child is in danger of abuse or neglect. A new spouse or partner could also be the reason one parent is unwilling to follow the court-ordered schedule.

Allegations of neglect or abuse are serious and must be taken before the court rather than simply denying parenting time. Although a parent receiving child support from the other parent may consider non-payment of child support to be a valid reason to deny visitation, it is not, and the courts will not look kindly on this. The payment of child support and parenting time are not connected, and non-payment of child support must be dealt with through the proper channels.

Contact a DuPage County, IL Parenting Time Lawyer

Legal action may be necessary if your ex refuses to allow you to exercise your parenting time. This issue cannot be left unresolved, as ensuring your relationship with your child remains intact is extremely important. Consulting a Wheaton, IL parenting time attorney from The Stogsdill Law Firm, P.C. can help you determine the best course of action to resolve the issue.

Our firm is one of the area's largest, most prestigious firms. This means our clients have access to all necessary resources while still receiving highly client-centered services that are typically seen only in smaller firms. Our experience is unparalleled, and we use that experience to benefit each client who walks through our door. Call 630-462-9500 today to schedule an initial attorney meeting.