When one parent prevents the other from exercising parenting time provided by a custody or visitation order, a California court may order financial compensation. Relief is discretionary and depends on proof of interference with the rights established by the existing order.

The Existing Order Defines the Parenting Rights

A compensation request begins with the written custody or visitation order. The court must be able to determine what parenting time was authorized and how the other parent interfered with the attempted exercise of that time.

A vague expectation or informal arrangement may be harder to enforce than a specific order identifying dates, times, exchanges, and responsibilities. Parents should follow the existing order unless it is formally changed.

The Interference Must Be Shown With Evidence

The requesting parent should document the parenting time that was attempted and the conduct that prevented it. Calendars, messages, exchange records, travel information, witness testimony, and records of related expenses may help establish what occurred.

Not every missed visit proves wrongful interference. The court may consider emergencies, circumstances outside a parent’s control, the language of the order, and each parent’s actions.

Compensation Is Not Automatic

The court may award financial compensation when a parent has been thwarted while attempting to exercise court-ordered custody or visitation. The amount and appropriateness of relief depend on the evidence and the court’s findings.

The remedy is not permission to deduct money from support, seize property, or impose a private penalty. A parent seeking compensation must request relief through the authorized court process.

Other Remedies May Also Be Considered

Depending on the circumstances, the court may clarify the parenting schedule, order compensatory time, modify exchange provisions, or use another enforcement remedy. Repeated or willful violations can present different concerns from an isolated misunderstanding.

Custody and financial-support obligations remain separately enforceable. A parent may not suspend compliance with one order because the other parent allegedly violated another.

A California child custody attorney can compare the alleged interference with the written order, organize evidence of thwarted parenting time and resulting losses, and request a remedy proportionate to the proven conduct.

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