If your ex is refusing to let you see your child despite an Arizona court-ordered parenting-time schedule, you may be able to ask the court to enforce the order. A parent generally cannot simply decide to cancel the other parent’s court-ordered parenting time because they are angry, disagree with the other parent’s choices, or are having a conflict.
Arizona law provides specific remedies when a parent refuses, without good cause, to comply with a parenting-time order. Depending on the circumstances, the court may order make-up parenting time, find the violating parent in contempt, impose certain penalties, require counseling or parent education, or take other action that serves the child’s best interests.
What you should do next depends in part on whether you already have a court-ordered parenting plan.
What Should I Do If My Ex Is Denying My Parenting Time?
If you have a court order establishing parenting time, start by reviewing exactly what the order says.
Confirm the scheduled days and times, exchange location, transportation responsibilities, holiday provisions, and any procedures the parenting plan establishes for resolving disagreements.
If your ex refuses to follow the schedule, document what happened.
Useful records may include:
- The date and time you were supposed to have parenting time
- Where the exchange was supposed to occur
- Whether you appeared for the exchange
- Text messages, emails, or co-parenting app messages
- Your attempts to resolve the problem
- Each instance of missed parenting time
- Any explanation the other parent provided
Keep your records factual and organized. If the problem continues and you need to ask the court for help, documentation may be important.
Can My Ex Legally Keep My Child From Me in Arizona?
If a court has already ordered parenting time, one parent generally cannot unilaterally rewrite that schedule.
Even a parent with sole legal decision-making authority does not automatically have the right to change a court-ordered parenting-time plan.
There are circumstances in which legitimate safety concerns may affect what happens next. Arizona law recognizes issues such as domestic violence, child abuse, and circumstances that may endanger a child’s physical, mental, moral, or emotional health.
But ordinary disagreements between parents are different from genuine safety concerns.
If your ex simply refuses to comply with an existing parenting-time order without good cause, you may be able to seek enforcement through the court.
What Can an Arizona Court Do If My Ex Refuses Parenting Time?
Arizona law gives courts several options when a parent refuses without good cause to comply with a visitation or parenting-time order.
The court may:
- Find the violating parent in contempt of court
- Order make-up parenting time for missed visits
- Require the violating parent to attend parent education
- Require family counseling
- Impose civil penalties of up to $100 for each violation
- Require mediation or another appropriate form of alternative dispute resolution
- Make another order that promotes the child’s best interests
Arizona law also addresses court costs and attorney fees associated with reviewing noncompliance with a parenting-time order.
The appropriate remedy depends on the circumstances of the case.
Can I Get Make-Up Parenting Time?
Yes. Make-up parenting time is specifically listed as one of the remedies an Arizona court can order when a parent refuses without good cause to comply with a parenting-time order.
For example, if your parenting plan gives you the children for a particular weekend and the other parent refuses to allow the exchange, the court may potentially order additional parenting time to compensate for the time you lost.
This is one reason documenting each denied visit can be important. Rather than simply stating that your ex “never lets you see the kids,” you can identify the specific dates and parenting periods you were denied.
Can My Ex Be Held in Contempt for Keeping My Child From Me?
Potentially.
Contempt of court is another remedy available under Arizona law when a court finds that a parent refused without good cause to comply with a parenting-time order.
Not every parenting disagreement necessarily results in contempt. The court will consider what occurred and give the alleged violating parent an opportunity to be heard.
Repeatedly ignoring a clear court order, however, is different from an occasional misunderstanding about the schedule.
Can My Ex Lose Custody for Denying Parenting Time?
Repeated interference with parenting time can potentially become relevant to future decisions about legal decision-making and parenting time, but losing custody is not an automatic consequence of denying a visit.
Arizona courts determine legal decision-making and parenting time based on the child’s best interests.
One of the factors Arizona courts consider, when applicable, is which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent.
A continuing pattern of intentionally interfering with the child’s relationship with the other parent could therefore become important in a custody or parenting-time dispute.
There is an important exception when a parent is acting in good faith to protect a child from domestic violence or child abuse.
What If My Ex Says My Child Doesn’t Want to See Me?
A child’s reluctance to attend parenting time does not automatically cancel a court order.
Arizona courts may consider a child’s wishes regarding legal decision-making and parenting time when the child is of suitable age and maturity. However, Arizona does not establish a particular age at which a child simply gets to decide whether an existing parenting order applies.
The reasons behind the child’s refusal can also matter.
A teenager experiencing a legitimate problem with a parent presents a different situation from a child who is being encouraged to reject the other parent.
If your child repeatedly refuses parenting time, the issue may need to be addressed rather than simply allowing the existing order to be ignored.
Can I Stop Paying Child Support If My Ex Won’t Let Me See My Child?
Generally, no.
Child support and parenting time are separate obligations.
If you are being denied court-ordered parenting time, withholding child support is generally not the appropriate enforcement method. Instead, you can pursue remedies related to the parenting-time violation.
Likewise, a parent generally should not deny parenting time because the other parent has fallen behind on child support.
Violating one court order because you believe the other parent violated another can make an already difficult situation more complicated.
What If We Don’t Have a Custody or Parenting-Time Order?
This is an important distinction.
If there is no court order establishing your legal decision-making or parenting-time rights, you may first need to obtain an order rather than file an action to enforce a schedule that has never been ordered by the court.
This situation commonly arises when parents separate but have handled parenting informally, or when unmarried parents have never obtained formal parenting orders.
Depending on your circumstances, establishing paternity may also be necessary before parenting rights can be formally addressed.
Once the court establishes legal decision-making and parenting time, both parents have a defined order describing their rights and responsibilities.
What If We Have an Informal Parenting Agreement?
An informal agreement can work when both parents cooperate. The problem arises when one parent suddenly stops following it.
A text message, verbal agreement, or schedule the parents have followed voluntarily is not necessarily the same as having an enforceable family court parenting-time order.
If your ex is no longer honoring an informal arrangement, establishing a formal parenting plan may provide clearer expectations and legal remedies if violations occur later.
Should I Keep Showing Up for Exchanges If My Ex Says No?
Your response should depend on the circumstances and the terms of your court order.
You generally want to avoid escalating conflict, particularly in front of your child. At the same time, documenting that you were ready and willing to exercise your scheduled parenting time can be important.
For example, written communication confirming the scheduled exchange and your intention to follow the parenting plan may help create a clear record.
Keep your messages brief, factual, and focused on the child.
Avoid threats, insults, or lengthy arguments. Messages exchanged during a custody dispute may later become relevant in court.
Should I Call the Police If My Ex Won’t Let Me See My Child?
Whether law enforcement involvement is appropriate depends on the circumstances.
There is a substantial difference between a routine dispute over an exchange and a situation involving an immediate safety concern, a refusal to return a child, or other potentially serious circumstances.
Even when law enforcement becomes involved, the underlying parenting-time dispute may still need to be addressed in family court.
If violations are recurring, pursuing enforcement through the court may provide a more direct way to address the ongoing problem.
What If My Ex Keeps Making Excuses to Cancel My Parenting Time?
Patterns matter.
One missed exchange caused by illness, an emergency, or an unexpected problem is different from repeatedly finding reasons why your parenting time cannot occur.
If cancellations become frequent, keep track of them.
Document the scheduled parenting time, the reason given for cancellation, whether alternative time was offered, and whether you ultimately received the parenting time required by your order.
A consistent record can make it easier to demonstrate that you are dealing with an ongoing problem rather than an isolated disagreement.
Can I Ask the Court to Change Our Parenting Plan?
Depending on the circumstances, enforcement may not be the only issue.
If repeated parenting-time violations demonstrate that the existing arrangement is no longer working, you may want to discuss whether modification is appropriate.
Arizona courts decide legal decision-making and parenting time based on the child’s best interests. The requirements for modifying an existing order depend on the circumstances and timing of the request.
Modification should not simply be viewed as punishment for the other parent. The central question is whether a different arrangement would better serve the child’s best interests.
What Should I Avoid Doing If My Ex Is Denying Parenting Time?
As frustrating as the situation may be, avoid creating additional problems for yourself.
In particular:
- Do not stop paying child support in retaliation
- Do not threaten or harass your ex
- Do not involve your child in arguments about the parenting plan
- Do not encourage your child to take sides
- Do not repeatedly send angry text messages
- Do not violate other portions of the court order in response
- Do not rely solely on verbal conversations when documenting repeated violations
Stay focused on following the existing order and creating a clear record of what is happening.
Talk With a Phoenix Child Custody Attorney About Denied Parenting Time
Being repeatedly prevented from seeing your child can be both emotionally difficult and legally frustrating. If you have an Arizona parenting-time order, however, you do not necessarily have to accept repeated violations without taking action.
Hernandez Family Law helps parents in Phoenix and throughout Maricopa County with parenting-time enforcement, legal decision-making, parenting-plan modifications, paternity, and other Arizona child custody matters.
Whether your ex has denied a single significant parenting period or you are dealing with an ongoing pattern of interference, our team can review your existing orders and help you understand your options.
Contact Hernandez Family Law to schedule a consultation about enforcing your parenting time in Arizona.
Frequently Asked Questions About Denied Parenting Time in Arizona
What can I do if my ex won't let me see my child in Arizona?
If you have a court-ordered parenting-time schedule and your ex refuses without good cause to follow it, you may be able to ask the Arizona court to enforce the order. Remedies can include make-up parenting time, contempt, parent education, counseling, mediation, civil penalties, or other appropriate orders.
Can my ex legally keep my child from me if I have a custody order?
A parent generally cannot unilaterally change a court-ordered parenting-time schedule. Even a parent with sole legal decision-making authority does not automatically have the right to alter court-ordered parenting time.
Can my ex be held in contempt for denying parenting time?
Yes, potentially. Arizona law allows a court to find a parent in contempt if the court determines that the parent refused without good cause to comply with a parenting-time order.
Can I get make-up time if my ex refuses to let me see my child?
Yes. Arizona law specifically allows courts to order make-up parenting time when a parent refuses without good cause to comply with a parenting-time order.
Can I stop paying child support if my ex denies parenting time?
Generally, no. Child support and parenting time are separate obligations. If your parenting time is being denied, you can seek enforcement of the parenting-time order rather than stopping court-ordered child support.
What if my ex won't let me see my child and we don't have a court order?
If you do not have a court order establishing parenting time, you may first need to ask the court to establish legal decision-making and parenting time. Depending on the circumstances, unmarried parents may also need to address paternity.