Visitation interference is common in Illinois child custody disputes. It is also a crime in Illinois pursuant to Section 10-5.5 of the Criminal Code of 1961 (720 ILCS 5/10-5.5). Aside from committing a crime, a person who interferes with visitation would most likely be in violation of a court order; for more information about getting someone to follow a court order, see my post “Court orders: Get them enforced!”
The law states that “Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.”
Below are some important points about the crime of visitation interference:
- Getting prosecution is difficult: The crime of visitation interference is just that – a crime. And because private individuals do not prosecute crimes, the state’s attorney must bring charges. Unfortunately, the state’s attorney has no where near the capacity to pursue every parenting who has committed the crime of visitation interference.
- Joint custody creates difficulties with police: Although the statute does not say parents who share joint legal custody are exempt from the crime of visitation interference, many police departments believe that is that case because of their interpretation of an Illinois Supreme Court ruling. Further, police generally do not want to get involved in child custody disputes, so trying to avoid arresting someone for visitation interference is fairly consistent with their general attitudes towards child custody.
- Either parent can commit the crime: Traditionally, one parent is viewed as the “residential parent” and the other parent receives visitation, or “parenting time.” And although the law is most commonly though of as applying to interference with visitation specifically, it can also apply to the parent who receives visitation if he or she interferes with the other parent’s court-ordered time.
- A non-parent can commit the crime: Even a person who is not a parent can be convicted of the crime of visitation interference. For instance, if a friend of one parent does something to interfere with the other parent’s time with the child, that freind could be convicted of visitation interference.
Comments
13 responses to “The Crime of Visitation Interference in Illinois”
My ex-wife is a consistent visitation interferer and I am fed up with it. I have allowed this to happen more than once already without seeking retribution, but I would like my rights as a father defended and I am seeking punitive damages against my ex-wife, if plausible.
My divorce is effective in Will County and I live in Plainfield, IL. She lives in Lisle, IL and has primary custody of our children, who are 7 and 5 years old.
Thank you for your time and consideration of this. If your office cannot assist me at a regular rate (because you are in Chicago), I would appreciate any recommendations you might have for a qualified representative in Will County.
Much thanks,
David Kunka
David,
Punitive damages are not a remedy in family court where one parent has violated an order. You should focus on getting the visitation order enforced.
Though punitive damages are essentially a non-starter, you may be able to file a petition for rule to show cause against your wife, such that she would have to show why she should not be held in contempt of court for violating the visitation order.
You can contact me here.
Thanks,
Chicago family law attorney David Wolkowitz
The mother of child is consistently calling the police and making false allegation during my visitation with my daughter. I recently got joint custody of my 1 year old daughter every visitation she seem to come out with something the is false. She drove out to my hometown and went to the police station three time and watch me every time i live the house to with my daughter. according to the police report I have they told her they wasn’t going to check up on me and more because I wasn’t breaking any laws. the following week she cut my tires and was a hour late trying to pick my daughter. the police got involve they tried talk her into giving me my daughter but she refuse, but according to the police report they said she was being unfair. We had a continue court appearance every we went in front of the judge, he said why are you doing this to him but he didn’t do anything to her but said stop. the next visitation she claim i molested my little girl and beat and rape my ex which i didn’t. The police say they wasn’t going to do anything because of all the police i had and the text message I had went I was suppose to be beating I was on the road texting her saying I not giving up joint custody. We went back in front of the judge and call her a liar but didn’t do anything to her. that say week she called dcfs on my making the other false allegation which the claim i molested my before i even got her. Everything I have is document by the police or a doctor fair as what she done.
I’m afraid they she going to keep making these false allegation and do harm to my daughter just so people can believe her. Even after the judge,dcfs, police and my daughter doctor said she was lying. Right now i want to know is there any legal help can i get my daughter.
Jamal,
Unfortunately, the mom sounds like a sociopath, or at least as if she suffers from some serious mental illness. Whether or not that is true, the type of false allegations you describe are all too common. On the bright side, at least the judge and DCFS believe you. You mentioned that the judge would not do anything even though he determined mom was lying. The explanation could be that judges normally don’t do anything unless they are properly asked to do so – via a proper petition or motion.
You should probably be working with an Illinois family law attorney.
You can contact me here.
Thanks,
Chicago family law attorney David Wolkowitz
I need advice my boy friends ex just arrived with the local police to my house and demanded to see her kids. We have been told by DCFS that if my bf does not feel it is safe for his kids too not send them to her. Police said they cannot interfere because it is a dispute but i am concerned about the implications any suggestions
Police don’t know the law. They can in fact get involved pursuant to a court order. However, you’d have to retain me for the type of advice you are looking for. I don’t know nearly enough about the situation to give advice.
Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.
I need some advice concerning what has become a frustrating occurrence ad nausium. This evening was the start of my visitation with my daughter (now 14) and last until Sunday(this visitation is ongoing with alt.weekends). I made the nearly 40 mile commute to pick her up at her mother’s(my ex) and after leaving messages via voice mail and text as to my arrival, I received a response from my ex that she was contacted by the state’s attorneys office and was informed that our daughter is to remain in her custody for the time being. After contacting her numerous times to explain why this was the case I never received a reply. My ex has had a history of coming up with every reason in the book to drag her feet (and my daughters feet) in order to comply with our visitation agreement. Because of this, I was fortunate in having the court find her contempt. I am not in any measure in arrears with child support. Does the states attorney (in Illinois where we live) have the power to “stop” visitation to the non-custodial parent with out any notification? If they do, what are the grounds/criteria? I can’t help but not put it past my ex to fabricate something like this.
It can be hard when the other parent is a liar. See my article titled “Illinois child custody: liars common, but not invincible.”
I think your ex is lying? Why? Because there is no relationship between child support payments and visitation. The state’s attorney would not tell your ex to withhold visitation simply because you are late on support. Further, you are not late on support, you say.
If you contact me I can help hold mom’s feet to the fire.
Contact me at Three-One-Two-554-5433. Or, contact me via my online contact form.
Im having problems seeing my son. I have a court order allowing me visitation, but when ever its time for me to get him she say he’s sick or got a doctor appointment. Now she telling me he has pneumonia but wont let me see or talk to him. I called the police this last time but there telling me they can’t get involved and wont give me a report. Something bout the law changed in Chicago last year. So how can I prove that she is interfering with out proof? What can I do?
There is an almost 100% chance the police will do whatever they can to avoid taking a police report for you. They are probably going to be as lazy as possible and claim they don’t want to get involved in a “domestic matter.” For some reasons, the crime of visitation interference is worth their time, but busting a kid for smoking pot would be. Great use of resources, eh?
I could file a motion in court seeking that your visitation be enforced, and seeking to impose consequences is your child’s mom does not comply.
I’m sorry that the law regarding visitation interference will probably be useless to you because it is not enforced.
Regards,
David Wolkowitz
Three-One-Two-554-5433
Contact Attorney Wolkowitz online
David, my ex has custody of my 4 children, 2 of them are still minors. Long story short, he has been making excuses as to why he can’t schedule visits for the kids-he has remarried and has 2 other children with his new wife and says because of their schedules he can’t find time for my children to visit me. He has all but alienated them from me(he and his parents, friends, and family have bad mouthed me and told lies to the kids since the divorce). I have tried to reason with him to no avail. I don’t have a lot of money but don’t want that to get in the way of me having this violation corrected and getting my visits with my minor children. The older ones are legal adults and I just schedule my own visits with them. How do I proceed to get this violation corrected?
Thanks!
When there is as violation of a court order I can file a petition for rule. However, I cannot explain to a person how to do that without a lawyer.
See my article Court Orders: Get them enforced!
Regards,
David Wolkowitz
Three-One-Two-554-5433
Contact Attorney Wolkowitz online
Hi,
I have been charged with “Unlawful Visitation Interference”; the grounds for my doing so however, are rock solid. The non-custodial parent of our children–who has eight children total, between 4 women–has a transgendered 12yr old child who was born male and has decided to represent themself as female. This child is currently the suspect in an OPEN sexual crime investigation against our, now 5yr old, daughter. Since the alleged molestation has taken place, I have placed our daughter and two sons in therapy. Upon seeking emotional counsel, our daughter has not only reported the infraction to the therapist, but the police and DFCS became involved.
Our daughter, who was just 4 at the time of the incident, came to me and mentioned details of the alleged misconduct, and even demonstrated the acts performed against her. When I asked her if she’d told anyone else about what happened to her, she immediately informed me that she also told her father, as it happened during one of his visits, prior to the visitation arrangement being in place.
I sought legal counsel regarding the matter, but unsupervised visitation was still granted. I begged for more to be done, but nothing came of my pleas. The visitation order states that the non-custodial parent “is to be present throughout the entire duration of the visit” especially in light of the alleged events between his son and our daughter. This however, did not happen. Each time our children went with him for scheduled visits, he violated some aspect of the order. I reported these violations to my attorney, but no further motions were ever filed.
Several times, he has engaged in various forms criminal negligence. For example, allowing 7 people, including two of our children to be transported in a sedan, leaving our two toddlers without ANY proper safety restraint for more than 50 miles!!! Our oldest child (11yrs) was not even in the presence of his father, which is also a violation of the order. These egregious errors occurred on the very first visit per the court order! When respectfully reminded of the parameters of the order, he stated, “Unfortunately Melissa, courts don’t run our households, and I have things to do, so it is what it is.” Immediately following that conversation, he left our children in the care of his girlfriend, while he went and “handled some business”.
On other occasions, he has left our children, unsupervised with the 12yr old child in question, while he ran errands, etc., and in doing so, left the “door of opportunity” wide open for our daughter to be coached by her alleged attacker!!! When I picked our children up, following a scheduled visit, she informed me that “it was all her fault, no one hurt my privates, I scratched them and made an owie…I just don’t want anyone to get in trouble.”
This information stirred up hot coals deep within me. When our daughter came to me and told me about what happened to her, and proceeded to DEMONSTRATE it as well, I knew that this new information she was giving me, on a whim, was no accident. When I asked her who told her to say that to me, she hesitantly stated her brother’s [attacker’s] name. Had her father been present, as he has been ordered to, this would not have had the opportunity to even take place!
The most disheartening aspect of this entire situation has been the misplaced blame, anger, and accusation of falsehood. Their father has done absolutely NOTHING to help our daughter! He kept saying things like, “I have tried my best to watch for signs of anything wrong between the two children, and I haven’t seen anything, so this must all be coming from you! You’re trying to cause trouble and break up my family!” Last I checked, BOTH children involved are his children, and they BOTH need serious help dealing with the mental and emotional issues all of this has caused.
So naturally, after the police and DCFS became involved, I tried to reason with their father, letting him know that it would be best if he met with all (8) of his children in an open, neutral environment, where each of the children could interact with one another, without being reminded of the very CURRENT investigation pending; as well as not place our daughter back in the environment where she was allegedly sexually abused. He rescinded my suggestion, once again accusing me of creating a rift between him and his children. He threatened me, used overtly foul language, and then stated “if I didn’t bring him his kids, he’d report me.”
I refuse to allow such a small, innocent life to be taken advantage of, and be made to feel as if the negative events that have already scarred her emotionally are “all her fault”! I have reached out to their father, in writing, to still set up public places and times to get him and his other children together with our children, so they could all still visit and have some semblance of familial interaction, but he has continued to refuse. If it’s not “his way”, then he doesn’t want it. Therefore, as a mother, and apparently our daughters only parental advocate, I chose to not send her or our boys back into the environment where so many visitation violations, and an alleged sex crime have taken place.
I am not a criminal, and it is insulting that I am now involved in a “criminal matter”. An Emergency Motion to Restrict Visitation has finally been filed, as well as a Rule to Show Cause, but I feel as if it’s a little too late. I also need to add that this person, who makes 6 figures, is THOUSANDS in arrears with child support. Although child support and visitation are two separate matters, he seems to believe that I withheld the children based solely on that fact. This is not true! If that were the case, I would’ve kept the children long before we ever stepped foot in court!
I have detailed documentation from the investigating officer, information from our children’s therapist, as well as each violation he has committed against the visitation order; is this information enough to get these ridiculous charges dropped? I do not have a record, nor have I EVER been in trouble with the law, and I refuse to begin having that impeccable record tarnished over a “my britches are bigger than yours” mentality.