“Parent time” is the term used in Utah statutes to refer to the time, including overnights, during which a parent has a right to have their child physically with them. Oftentimes the language in court orders or decrees indicates that the non-custodial parent will have parent-time pursuant to a certain Utah statute or schedule otherwise outlined in the Order or Decree- this concept was formerly referred to as “visitation”. However, because the use of “parent-time” does not exclusively apply to a non-custodial parent, you will often hear attorneys and judges refer to the time both parents spend with their child as their parent time.
When either married parents get divorced or when unmarried parents separate, parent time is a crucial way for non-custodial parents to retain a connection with their children. Unfortunately, because things happen and the process of separation can often be messy, parents don’t always abide by the schedule that they agreed upon or that has been ordered by the court. If parent-time arrangements become an issue, it’s best to consult with an experienced family lawyer who can help.
When the court has entered an order regarding parent-time and/or custody and a party does not follow the order, then the other parent may file a Motion to Enforce Domestic Order. Such a motion asks the court to enforce its previously entered order. This Motion to Enforce may also include a request for extra parent time or reimbursement for attorneys fees. Once a hearing is held, it is possible that the court will hold the non-compliant party in contempt of court, subjecting them to the payment of fines, or even a jail sentence. A parent may not withhold child support even if parent time is being denied. The thought process behind this policy is that even if a parent withholds parent time or refuses to pay child support, it only hurts children worse to lose financial support and/ or contact with the other parent, for something that is not the fault of the children. In other words, two wrongs does not make a right.
If your ex is preventing you from seeing your child, you need to act quickly. The longer you go without seeing your child, the longer it can take to reestablish your time through the courts. Contact Jess Couser Family Law immediately to discuss your options.