Interference with parenting time (custodial or "visitation" interference) is a serious problem. Most researchers find that between 25% and 40% of custodial parents have interfered with the noncustodial parent's time with the children. Patterns of violation differ from case to case: sometimes the violations are isolated and relatively minor, sometimes they are extreme and repeated; sometimes the interference is direct, sometimes it is affected indirectly by alienating the children's affection for the noncustodial parent.

 

If you are having a problem with parenting time interference, you need to resolve it as quickly as possible. Sometimes a strongly worded letter from an attorney can be successful in resolving the problem.

 

 However, this is frequently unsuccessful.

 

When it fails, the means traditionally available for remedy involved returning to court for a contempt finding against the other parent. This approach is time-consuming, expensive and often ineffective. Some jurisdictions allow a civil cause of action (a tort) for interference with custody, though this is seldom available to a noncustodial parent. Some noncustodial parents have successfully pursued a civil action under an "intentional infliction of mental distress" tort. (For more information and legal citations on these approaches to resolving parenting time interference, see "Custody and Visitation Interference: Alternative Remedies," by Joy M. Feinberg and Lori S. Loeb, AAML Journal, Winter 1994, Volume 12, Number 2, p 271-284.) Both contempt proceedings and tort actions are likely to involve significant expense and  to exacerbate conflict.

 

An alternative remedy is clearly desirable. In Franklin County (Ohio), Administrative Judge Kay Lias has recently instituted a mediation program, Companionship Mediation, to address problems of parenting time interference. The program is offered free to the parents. The hope is that this will provide a fast, inexpensive way to deal with many interference problems.

 

For more information or to download an application form, please go to our Companionship Mediation page. If your jurisdiction does not offer this sort of alternative, contact your court and ask for such a program.     

 

Note:  This information is offered for educational purposes only.

Nothing here or elsewhere on this site should be construed as legal advice.  For legal advice, consult an attorney.