In contested custody cases, the family court will consider all the relevant factors before making custody and visitation orders.
A child’s stated preferences may be given substantial weight during this process if he/she is of sufficient age to express an intelligent opinion, but there can be legal consequences if a child simply refuses to see one parent after visitation rights have been granted to that parent.
Such cases are, thankfully, relatively rare, but let us see what can happen if a child refuses visitation with a parent in California…
What are visitation rights in California?
During divorces or separations with dependent children from the relationship, the Californian courts place a high priority on the welfare of the children.
In shared custody arrangements, regular contact with both parents is considered in the child’s best interests. The children usually live predominantly with one parent (the “primary” custodial parent) while the other parent is granted access and visitation rights to see the children according to pre-agreed schedules.
Visitation schedules vary according to circumstances and must work around the child’s commitments with school, extra-curricular activities, holidays, and so on.
If there are concerns over a child’s safety or well-being when in contact with the other parent—but that parent retains parental and visitation rights—the court may order supervised visits with another responsible adult present during visitation. Other restrictions may also be ordered but the general standard applied in California is that regular contact with both parents is best for the child’s development unless this is proven not to be the case.
Can minor children express visitation preferences in California?
Generally speaking, the Californian family court system shields children from appearing in courtrooms. However, many counties order reports to be made by child custody evaluators, who interview children in less formal settings and report their findings on custody and visitation preferences to the court.
If a judge believes that it is in the best interests of a child to testify in court about custody and visitation preferences, this may be permitted on rare occasions.
Can a teenager refuse all visitation with a parent?
If a teenager refuses to see the non-custodial parent, despite that parent having court-ordered visitation rights, the judge will first consider the reasons why the teenager refused. These will be weighed up alongside the other key factors involved in visitation decisions, such as the child’s ties to both parents, the child’s welfare, how supportive each parent is of the other’s relationship with the child, and whether there is any history of abuse or neglect from either parent.
The child’s wishes are important but not always the deciding factor in such cases. Responsible adults must decide the welfare of minor children in California—not the children themselves.
Sometimes, for instance, children “side” with parents who exert a negative influence on their health, safety, and well-being. If this is proven, a judge may rule against the child’s wishes and in favor of the rejected parent, even if the child refuses visitation.
As children develop, their choices might not be accepted by both parents—for instance, with sexual orientation. Sometimes, the child has legitimate reasons not to see a parent and this decision may be upheld by the court if there is enough evidence that continuing contact is not in the best interests of the child. In such cases, custody and visitation orders may be modified—at least temporarily.
What happens if a parent refuses a child visitation from the other parent?
If the court is made aware of parental influence on the child’s decision—in other words, the primary custodial parent is refusing permission for the child to see the other parent—the primary custodial parent risks criminal or civil penalties or both.
Court orders on custody and visitation are legally binding on the parents in California until the orders are officially modified or canceled by the court. If parental influence is behind the child’s refusal to see the other parent, legal steps can be taken to encourage the primary custodial parent to enforce the order.
Do you have to pay child support if a child refuses to obey a child custody order?
Child support is considered a separate issue to child custody and visitation in California—and it is the right of the child regardless of whether visitation orders are obeyed. Parents have a legal obligation to pay it.
So, if the rejected parent usually pays support, payments must continue even after the rejection unless a modification to the child support order is made by the court. Beware, however, that attempts to change the support order may backfire if you are spending less time with the child because of rejection—the support amount may be increased!
It is always best to seek legal advice on child custody, visitation or support to prevent unintended legal consequences.
What should you do if your child does not want to visit the other parent?
If you are the primary custodial parent, court-ordered visitation is in place, and your child expresses a reluctance to see the other parent, first listen to the reasons why.
Barring any specific reason that would compromise the child’s safety or well-being, it is generally best to encourage the visits as forcefully as possible. This may depend on the age of the child but preventing or failing to facilitate visitation could lead to a contempt of court charge for you if you fail to follow a court order.
Most problems can be resolved through family communication and discussion. If your child insists on no visitation from the co-parent, try suggesting alternative methods of contact (video calls, supervised visitation, etc.).
You might also seek legal advice on the recommended steps so that you protect yourself legally, especially if there are safety or welfare issues for the child when visiting the other parent. Sometimes, mediation is recommended to resolve any visitation issues.
In case of legal ramifications, it is often best to document your child’s refusal to meet with the other parent if it becomes an ongoing issue.
The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody and visitation matters. Contact us online or call 213-788-4412 today for a free 15-minute phone consultation about your case.