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Visitation Interference 720 ILCS 5/10-5.5

Visitation Interference Laws in Illinois – What You Need to Know

Visitation interference laws in Illinois, specifically 720 ILCS 5/10-5.5, make it illegal for a non-custodial parent to improperly deny or interfere with the custodial parent’s court-ordered visitation with their child. This article provides an overview of visitation interference, including what constitutes interference, penalties, and defenses.

What is Visitation Interference?

In simple terms, visitation interference involves blocking or denying court-ordered visitation between a child and the non-custodial parent. This can take many forms, such as:

• Refusing to turn over the child at the scheduled visitation time
• Denying visitation outright without proper reason
• Not informing the non-custodial parent of extracurricular activities or medical appointments
• Moving and not providing contact information or the new address

Essentially, the custodial parent takes actions, whether intentionally or not, that prevent the non-custodial parent from spending court-ordered time with their child. This violates 720 ILCS 5/10-5.5.

Penalties for Visitation Interference

Visitation interference is a Class A misdemeanor in Illinois. This means fines up to $2,500 and up to 1 year in jail are possible penalties if convicted. The court may also order counseling, parenting classes, community service, or other requirements.

Additionally, repeat offenses (3 or more violations of this law) can be charged as a Class 4 felony. This ups the possible punishment to 1-3 years in prison and fines up to $25,000.So interference with visitation is taken very seriously, given the potential impact on the child and parental rights.

What are Defenses to Visitation Interference Charges?

While visitation interference should not be taken lightly, there are some defenses that a custodial parent can raise if wrongly accused:

Lack of Notice

If the custodial parent was unaware of the visitation schedule or a change that impacted an existing schedule, this may excuse the interference. However, claiming lack of notice repeatedly likely won’t withstand scrutiny.

Safety Concerns

If the child faces some substantial safety risk by being in the care of the non-custodial parent, the custodial parent may legally withhold visitation. This could include concerns about abuse, neglect, or some other danger posed by the other parent. However, such claims usually require evidence to back them up.

Mutual Agreement

If the custodial and non-custodial parent mutually agree to modify the existing visitation order, there is no interference. Of course, any mutual changes should be formalized through the court whenever possible.

Court Approval

Finally, if the custodial parent has obtained court approval to suspend, reduce, or otherwise alter the visitation order, they are not violating 720 ILCS 5/10-5.5. There may be valid reasons why the existing visitation schedule needs to change.

How to Deal with Visitation Non-Compliance

If the non-custodial parent has violated existing visitation agreements, there are a few options:

• Contempt charges – The court may find the non-compliant parent in contempt, issuing fines or possibly jail time in severe cases. This should motivate compliance.
• Make-up visitation – The court may order make-up visitation days to replace missed time between the child and parent.
• Custody modification – Repeated non-compliance may factor into custody decisions, potentially altering legal or physical custody arrangements.

Of course, consulting an attorney to protect parental rights is key when visitation orders are being violated or wrongful interference accusations arise. An adept family lawyer can best advise on how to enforce compliance or build a defense.

Protecting Visitation Rights

To avoid visitation problems, proactive steps like the following can help:

• Maintain open, respectful communication regarding scheduling or other changes that impact visitation.
• Get any mutual visitation agreement modifications formalized through the courts when possible. Don’t rely solely on verbal agreements.
• Thoroughly document any incidents that disrupt visitation as they occur. For instance, keep a record of refusal to hand over a child or release their location.
• Consult an attorney early on if violations of existing court orders seem likely or do occur. Quick action better protects parental rights.

Visitation Interference Takeaways

The key points to remember about visitation interference in IL per 720 ILCS 5/10-5.5 include:

• Blocking court-ordered visitation violates this law and custodial parents can face Class A misdemeanor or Class 4 felony charges
• Defenses like lack of notice, safety concerns, and mutual agreements may excuse perceived interference
• Penalties aim to motivate compliance, such as contempt charges, make-up visitation, or custody changes
• Careful documentation and consulting an attorney facilitates addressing violations

Protecting relationships between children and both parents amidst custody disputes remains vitally important. Understanding visitation interference laws better equips Illinois parents to uphold parental rights and court directives. With sound legal guidance and an emphasis on the child’s best interests, many pitfalls around visitation can be avoided.