What is Custodial Interference? What are the Legal Consequences of It?

Custodial Interference explained

Custody of a child gives the person with custody the ability to perform many tasks, have certain responsibilities, and can engage in various activities. These rights are granted by the best divorce lawyer in surrey to the person who has primary or sole custody. Visitation rights are usually granted to the other parent. Minor forms of custody can be given to the minor parent. Contempt of court and other penalties can be imposed on the parent who interferes with these rights. If the noncustodial parents are violating these rights, the custodial parent may contact law enforcement or petition the court.

Types of Custodial Interference

You can commit custodial interference that is legal or against the rights of the custodial parent. Interference can be caused by refusing to release the youth after a visit. Another way to cause interference is to limit contact with the other parent via internet use or phone contact. Another way is for the parent to not return the child at a specific time or on a wrong day. This can lead to the young person missing school or violating these rights. It is against the law to try and entice the child away from the parent who has custody or visit the child outside of visiting hours or custody days.

Custodial Interference Valid

A person can take many actions that could interfere with custody, but the parent is still within his or her legal rights. Protecting the child from violence by the other parent, using violence against violence, inclement and an agreement that could disrupt standard custody arrangements are all possible. There are situations that the parent cannot control, such as when the event is prolonged or when there is snow or ice. These are legitimate interferences with custody that the law allows but often cannot prevent.

What the Parent Can Do

If there is invalid custodial interference, the parent can report it to the courts. They will then communicate the problem with law enforcement and provide any other assistance needed. If the interference is persistent or ongoing, the person can petition the courts for modification of custody arrangements or to change visitation rights. If the victim is violent or trying to harm the mother, father, or child, the law enforcement might need to arrest the other party and place him or her in detention. The event may also mean that the parent has the right to contact a lawyer to seek legal relief.

Legal consequences

When the custody of the child is being interfered with by one parent, you must seek legal relief. This can often lead to a lawyer petitioning a court and providing evidence that the interference is occurring. A judge can change custody arrangements by granting joint or primary custody. He/she may also restrict parental interference. Additional restrictions may be required for visitation rights if the ex-spouse does not return the youth at the right times or days. It is not uncommon for more than one instance to be used in court. For serious grievances, the custodial parent may contact law enforcement.

Most often, the solution is to change your visitation schedule so that you don’t violate it again. Family therapy can also be used to resolve the problem. Many parents use mediation to share their grievances and find the best solution. Some parents may need to change the times of visitation without having to contact the courts. If the violations are serious, the custodial parents can request supervised visits with the other party, transfer to another neutral place for visitation, and additional restrictions. You can lose custody, pay fines, or makeup changes.

Legal Support for Custodial Interference

A family lawyer can help the parent who is affected by custodial interference to decide the best course of action, based on their specific circumstances. The lawyer can explain the options, such as mediation or petitioning the court for more serious offenses. The lawyer’s job is to protect the rights of the custodial parent as well as seek the best possible solution.


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