Anderson & Boback Logo

Mother Interferes with Father’s Parenting Time With Son But Not Held in Contempt

Categorized as Child Custody & Visitation

We hear about it all the time… Custodial parents interfere with the other parent’s ability to see their children. The only real recourse is to bring it before the court and seek a contempt finding. We counsel our clients that this is the only way to get the custodial parent’s attention. Sometimes it works, but in a recent case, despite the father’s efforts, he still was not granted relief.

The father in the case of McCormick complained about his missed parenting time with his sons. He filed a contempt petition, informing the court that he had missed 43 visits. The father sought to hold his ex-wife in contempt because she would allow the boys to do just about anything before she’d honor the parenting agreement. If the boys had a sleepover with friends, they did that instead of seeing their father. If the boys had football practice, they would do that instead of seeing their father. The list went on and on.

The ex-wife argued that she tried to get the boys to the visits, but often they didn’t want to go because the visit interfered with other things that they wanted to do. She didn’t want to fight with them, so she essentially allowed them to miss the visits. The mother testified that she did not believe she acted willfully and that she tried to get the children to visit. The trial court stated that the mother had made some technical mistakes, but found that the children missed visits due to their own willfulness. Therefore, the Court refused to hold her in contempt.

Although the father lost in his appeal, the Appellate Court did state that the mother now knows that she cannot put the children’s activities in front of the father’s parenting time. Any new violations by the mother may be considered contumacious since she can no longer claim that she was unaware that her behavior could hold her in contempt.

Was this information helpful?

You May Also Like

The attitudes of Illinois family law judges about how children should be raised, and their time divided between parents, have changed significantly over the last fifty years or so. Judges used to believe, and rule--almost universally--that children needed to spend…

Recently, the Illinois Appellate court addressed the issue of the date used in determining dissipation as raised by the divorce case In Re Marriage of Sinha. (In re MARRIAGE OF JYOTI SINHA and MUKESHA K. SINHA, 2021 IL App (2d)…

Oftentimes while a family law case is pending, parents will need or want to move with their minor children. The child relocation law in Illinois as of 2021 indicated that you need to seek approval for relocation from the Court…

In Illinois, we have abolished using the term “custody” and now refer to parenting time as the schedule which dictates where the child resides, and when.  Clients often ask whether or not it matters if the child has an opinion…

If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the…

When parents end their relationship, it's rarely easy especially if there are disagreements over custody. As Chicago child custody attorneys, we're often asked for guidance on what you should bring up in a child custody case to show you are…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870