Child Refuses Visitation in Illinois
Parenting Time Enforcement & Modification in Lake & McHenry County
Divorce and separation can test the bonds of any family. When a child steadfastly refuses to spend time with their other parent, it places the receiving parent in an agonizing position: caught between honoring the child's feelings and complying with a legally enforceable parenting time order.
For parents in Lake & McHenry County, Illinois, ignoring this conflict is not an option. Your response to a child's refusal of visitation is legally scrutinized and can have lasting consequences for your case. AKL Legal, LLC is here to guide you through this complex, high-stakes situation, focusing on solutions that protect both your child's well-being and your compliance with the law.
The Legal Reality: Who Holds the Authority in Illinois?
A common misconception is that a child, particularly a teenager, can legally decide to ignore a court-ordered parenting schedule. This is not the case under the Illinois Marriage and Dissolution of Marriage Act.
No Legal Veto Power: Children in Illinois do not have the legal authority to unilaterally override a judge’s parenting time order. While a child's mature preference (750 ILCS 5/602.7) is a factor the court considers in modifications, the existing schedule remains law until a judge formally changes it.
Parental Obligation: As the parent facilitating the exchange, you are legally obligated to actively encourage and facilitate parenting time. A passive acceptance of your child’s refusal can be viewed by the court as a deliberate violation of the order.
Protecting Yourself: What the Court Expects of the Parent
If your child is resisting scheduled visits, your actions must demonstrate a good-faith effort to comply with the court order. Documentation is critical.
Encourage and Facilitate : You must make reasonable, documented efforts (e.g., packing bags, readying the child, driving to the exchange point) to ensure the child attends the visit.
Maintain Neutrality: DO NOT make disparaging comments about the other parent or align yourself with your child's refusal. This could be viewed as parental alienation or interfering with the relationship.
Document Behavior: Keep a detailed, non-judgmental log of the child's refusals, including the child's stated reasons, your encouraging attempts, and the outcome of the scheduled visit.
Failing to actively encourage compliance opens the door for the other parent to file a Motion to Enforce Parenting Time, which can result in serious legal penalties.
Seeking Modification: When Refusal is Justified
If your child's refusal is consistent, genuine, and potentially rooted in a significant safety concern or the child's developed preferences, a modification of the parenting time order may be necessary.
To request a modification, you must prove two things to an Illinois court:
Substantial Change in Circumstances: There has been a major change in the family environment or the child’s well-being since the current order was put in place.
Child's Best Interests: The modification must be in the child's best interests.
Key Factors for the Court's Consideration:
The child’s age and emotional maturity level.
The credibility and consistency of the child's stated reasons for refusal.
Any concerns regarding the child’s mental and physical health while with the other parent (Factor 7 of 750 ILCS 5/602.7).
If safety is a concern, your Grayslake, IL child custody attorney will work diligently to present evidence—such as testimony, therapeutic records, or a Guardian ad Litem report—to support restricting or supervising the other parent’s time.
Consequences of Non-Compliance
If the court finds that you are obstructing parenting time, even out of misplaced sympathy for your child, the consequences can include:
Makeup Parenting Time: Ordering you to facilitate compensatory time for the other parent.
Mandatory Counseling/Mediation: Requiring both you and the child to attend therapy or mediation to resolve the conflict.
Contempt of Court: In serious cases, the court can find you in contempt, which may involve fines or a change in the allocation of parental responsibilities.
Do not risk violating a court order. Contact a Grayslake Child Custody Attorney at AKL LEGAL, LLC.
If you are struggling with a child's refusal, your legal obligation is to consult with an attorney immediately.
Contact AKL Legal, LLC today at 847-262-9888 for a free, confidential consultation. We will help you navigate the enforcement and modification of parenting time orders in Lake & McHenry County, IL.
