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My Ex isn’t letting me visit my kids – what can I do?

Two Parents Fighting Over Small Confused Child In Divorce Concept

In the aftermath of a bitter divorce, it is possible for your ex to decide to take the law into their own hands and deny you access to your children.

This may happen out of spite or pettiness, where your ex fully understands that they are in violation of your divorce agreement. Alternatively, it can also occur because there is a misunderstanding in the custody agreement and your ex believes they are acting within their legal boundaries.

Consult with a Lawyer

The best action to take is to quickly consult with a lawyer to determine what legal options you have. This is a much better course of action than in getting into a heated exchange with your ex, which may simply cast you in a more unfavourable light if the decision is later evaluated in court.

You will need to review the child custody agreement with your lawyer to ensure that there is nothing unexpected in the agreement that would justify their actions.

In some situations, a divorcee might believe that they are able to stop their ex from seeing the children if the support payments have stopped or are not paid on time. This is not true. If child support payments have stopped for a valid reason, it may be necessary to renegotiate the terms of the agreement on at least a temporary basis. However, visitation rights are still permitted during this time period.

Your Ex will need to justify their decision

If your ex believes that it is in the best interests of the children to be kept separate from you, they will need to defend that stance. In the meantime, you can file documents to protest the breaking of the visitation agreement.

If your ex cannot provide valid evidence for why they were withholding the children from you, they may face one of several possible punishments, including a financial punishment, a change in the visitation schedule in your favour, or possibly even jail time (depending on the severity of the case and if there are repeated Orders that are not being followed).

Communicating clearly and in a controlled manner

In this kind of a heightened emotional situation, it is more important than ever that you can rely on a lawyer to communicate on your behalf in a straightforward manner to protect your interests. They will understand the correct procedures and laws governing the situation and can work for you to ensure that you are given access to your children once again.