Getting a custody/visitation order in place may be only the first step for some parents in achieving a contact schedule. Unfortunately, we have all heard accounts of one parent refusing to permit visitation and frustrating a contact schedule. What relief can the Family Court provide?
In fact, there are several possibilities. If the Court finds that one parent impaired or impeded the rights of the other parent, the Family Court can impose 1 or more of the following remedies or sanctions:
- Extra visitation with the child to enable the child to make up any wrongfully denied visitation with a parent;
- A temporary transfer of custody or primary residence or both of the child to a parent applying for relief under this section for up to 30 days without regard to the factors set forth in § 729 of this title;
- A surcharge to be assessed against the parent with rights of visitation with the child or children for his or her unilateral failure, without just cause and/or without sufficient notice, to comply with the visitation schedule. Failure to comply consists of more than minimal violations, such as, but not limited to, slight alterations in the times for visitation. The amount of the surcharge shall be up to 10 percent of the visiting parent's monthly child support obligation for each violation and shall be payable to the parent with whom the child resides or children reside;
- A fine in the discretion of the Court; or
- A term of imprisonment if a person is found to be in contempt of prior orders of the Court. See, 13 Del. C. §728
In addition, the Court can order the violating party to pay the other party's legal fees. Clearly, no one sanction fits every situation. Rather, whether a sanction is appropriate at all, and what an appropriate sanction might be, is determined on a case-by-case basis.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
