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What if the other parent does not obey the visitation order?

 

It is a good idea to keep a "visitation journal" or notebook. Write down the date of each visitation day and what happens. If the other parent does not visit when the order says he should visit, write down the days and times he misses. If he is drinking or does something dangerous around your child, or abuses you or your child, write down the dates and exactly what happened.

If the other parent is not obeying the court order, you can:

  • File a Motion to change the visitation. You can file a motion if there is no final order in your case;
  • File a Complaint for Modification. You can file this if there is already a final order in your case. This complaint starts a new case and asks the court to change the old order; or
  • File a Complaint for Contempt. This asks the court to decide that the other parent violated (did not obey) the court order. Only file this kind of complaint if there is a serious and ongoing problem, like the other parent is drinking around your child against the court’s specific order. If the other parent is late one time for a scheduled visit, this is not a big enough problem for a Complaint for Contempt.

Produced by an AmeriCorps Project of Western Massachusetts Legal Services updated and revised Massachusetts Law Reform Institute
Last updated October 2009


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