Legal help with obstructed visitation

What is obstructed visitation?

Obstructed visitation covers situations where one parent, without an acceptable reason, blocks or makes it harder for the child to stay in contact with the other parent. That can mean repeatedly cancelling visits, refusing to hand the child over, or making other contact difficult.

The Parental Code does not use “obstructed visitation” as its own legal term. In questions of custody, residence and visitation, the child’s best interests decide. A child has the right to spend time with a parent they do not live with, as long as that contact is not against the child’s best interests.

Examples of obstructed visitation:

• Agreed visits are cancelled again and again.
• The child is not handed over as an agreement or a court decision says.
• Important information about the child is withheld.
• Phone or video contact is made difficult.
• The child is drawn into the parents’ conflict.

A shorter or cancelled visit is not automatically obstructed visitation. If the child is at risk of violence, abuse or other harm, the child’s safety comes first.

What to do if visitation is blocked

Start by writing down what happens. Save messages, emails, agreements and decisions. Also note planned, completed and cancelled visits, and the explanations that were given.

If there is no binding agreement or decision, the municipality’s family law unit can help the parents try to reach an agreement. An agreement on visitation can become legally binding if it is written down and approved by the social welfare committee.

If a judgment, a decision or an approved agreement is not being followed, the other parent can apply to the district court for enforcement. Custody or visitation may also need to be decided again if the situation has changed.