What Exactly is Custodial interference?
If you’re a divorced parent, one of the biggest issues you and your ex fight about most is probably raising your children. And if you’re the custodial parent, your ex might give you a hard time about being involved in your kid’s life.
While it may seem only an annoyance, this situation can actually be a serious problem, especially if it creates a barrier between you and your children. Read on to learn more about custodial interference.
Custody and What it Means
To understand custodial interference, it’s necessary to understand custody. When you have been granted custody of your children, it means that you have the right to make important decisions about their lives relating to such concerns as education, healthcare, religion, and living arrangements. Custodial rights are determined by the courts and can be a sole custody arrangement, where one parent is granted the right to make decisions, or joint custody, where the two parents share decision-making.
But custody doesn’t mean that a child lives with one parent or the other, although generally, the child lives with the parent who has sole custody. The term also doesn’t mean that a child spends more time with one parent than the other—that has more to do with access.
Remember, custody is about who is making the key decisions about the child’s welfare. It’s possible for a child to live primarily with one parent, but both parents share the decision-making. Or, a child could spend equal time with both parents but only one has custody and can make the decisions for the child.
Custodial interference occurs when one parent interferes with the other parent’s custodial rights. Also, if one parent attempts to disrupt or unfairly influence the other parent’s relationship with the children, that can be seen as interference.
Types of Custodial Interference
Custodial interference can take a few forms. It can be denying access to the child, or not following the terms of the visitation agreement. It can be trying to lure children away from the parent they live with, or continually putting down the other parent. Here are some examples:
Mike has sole custody of his two children. His ex-wife, Heather, has access to them on the weekends, and she’s supposed to return them him on Sunday afternoons at 4:30. It’s Sunday at 5:00 PM, and Heather still hasn’t brought the children back, and she hasn’t called to explain why. This is becoming a pattern.
Jamie has sole custody of one child, who also lives with her. The other parent, Kyle, has promised their daughter Melissa a trip to Disney World if she moves out of Jamie’s house and into Kyle’s.
Chris has visitation rights every weekend, but he’s shown up to see his kids on a Thursday afternoon. His two kids want to see him, but his ex-wife Emily feels as though Chris is trying to manipulate her and violate their custody agreement.
Is Custodial Interference Ever Justified?
Some people who interfere with their former partner’s custodial rights might not even recognize their behavior as interference. There could be minor incidents, such as a family event that means keeping the child longer than the agreed-upon time, or weather conditions that prevent returning the child that day. A parent may even believe his or her actions are protecting the child, even though the behavior might seem like interference. Try discussing your concerns with your ex. This could help you determine if the behavior is deliberate interference.
If you suspect that your ex is actually putting your children at risk or compromising your relationship with them, then you will want to take action.
What Can You Do about Custodial Interference?
Start by having a discussion with your ex. Try to put your personal differences aside and stay calm, sticking to the matters at hand rather than re-hashing old behavior. Remember that the emotional well-being of your children is at stake and children never benefit from hostile relations between their parents.
If that proves unsuccessful, talk to a lawyer. Although your ex might genuinely think he or she has the best intentions, custodial interference is an issue. If your ex is violating the custody arrangement that’s currently in place, you can take him or her to court. A judge can issue a ruling that can enforce or change your custody agreements to the benefit of your children.
Find a Family Law Expert to Help You with Your Custodial Interference Issues
Parents both have a right to fulfilling and meaningful relationships with their children. But if you believe your ex is interfering with your custodial rights, get expert legal advice. An experienced family lawyer can help explain your options and help you make the best decisions for your children.
Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.
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