Custody & Kidnapping

The answer to your question may depend on many factors. Does your order speak to any type of procedure for canceling a visit such as giving a certain amount of notice. Or does it talk about re-scheduling a visit at all. I can’t specifically talk to your situation but it may be that if there are no agreements about it in a custody order, perhaps if the custodial parent cancels a visit without the consent of the other parent, perhaps the non-custodial parent may be able to file a violation petition – I am not sure. Perhaps it may be relevant in court if the custodial parent offered alternative visitation dates - again, I can’t speciically say how this would all play out in court.

If both parents agree to reschedule a visit, perhaps you may want to ask an attorney if putting it in writing with both parents signing it may help if the issue ever comes up in court in the future as part of a violation proceeding.

If it is the non-custodial parent who rearranges or cancels visits, often times if it happens frequently, the other parent may decide to document the information in case s/he ever decides to try to modify the visitation order in court (i.e., whether the other parent called to cancel, what time s/he called, the reason s/he canceled, etc.) Again, I don’t know if applies to your situation or not or whether this type of documentation would be useful or not in a future caes – you may want to talk to an attorney to ask for advice if this is your situation.

Talking to a lawyer who specializes in custody and visitation could help you decide what may happen in your situation. Here is a link to free and paid lawyers: {LINK}