As divorce attorneys serving families throughout Chicago and across Illinois, we often get asked if a parent can refuse to comply with a court-ordered parenting schedule. The answer is no. When a judge enters an order regarding parenting time—formerly called “visitation”—both parents are legally bound to follow it. Refusing to allow court-ordered time with the child is a violation of Illinois law and may have serious legal consequences. Whether you are the parent being denied time or you are considering withholding parenting time due to safety concerns, it’s critical to understand your rights and legal options under Illinois law.
Under the Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/607.5, the court may penalize a parent who “intentionally and without good cause” interferes with the other parent’s parenting time. These penalties can include fines, mandatory counseling, makeup time, attorney’s fees, and even contempt of court charges. If the interference continues, the court may consider modifying the existing parenting time or responsibilities. Illinois courts are required to make decisions based on the best interests of the child, and repeated violations are seen as harmful to the child’s emotional development.
We understand that some parents are motivated by concern for their child’s safety, such as if the other parent is suspected of drug use, emotional abuse, or erratic behavior. However, Illinois law does not allow a parent to act alone in denying parenting time. Instead, the correct course of action is to file an Emergency Motion to Restrict Parenting Time under 750 ILCS 5/603.10. This motion must include a sworn affidavit explaining the circumstances. If the court agrees that the child may be in danger, it can issue a temporary restriction and set a hearing within 14 days.
If you’re being denied court-ordered parenting time, you have options. You can file a Petition for Enforcement of Parenting Time under 750 ILCS 5/607.5(b). The court will evaluate whether the denial was without justification. If it were, the court may award you additional parenting time, order the other parent to pay legal fees, and may even issue sanctions for contempt of court. Documentation is key—text messages, emails, and detailed records of missed exchanges can support your case.
Violating a court order—no matter how well-intentioned—can seriously impact a parent’s legal standing. Courts expect parents to follow orders until they are modified through proper legal channels. Violating an order can result in contempt charges, reduced parenting time, mandatory supervised visitation, and, in extreme cases, even jail. Judges take parenting orders seriously, and acting outside the court’s authority is a legal misstep with long-lasting consequences.
If your circumstances have changed and the current parenting schedule no longer works or places your child at risk, you can request a modification. A substantial change in circumstances—such as relocation, job changes, or concerns about the child’s safety—may justify a motion to modify under 750 ILCS 5/610.5. We can help you present evidence to the court showing why the parenting plan should be adjusted in your child’s best interest.
No. Parenting time cannot be denied due to unpaid support. These are two separate legal matters. A parent behind on support must still be allowed court-ordered visitation.
You must file an Emergency Motion to Restrict Parenting Time under 750 ILCS 5/603.10. Acting alone to deny time without a court order puts you at legal risk.
Yes. If a parent continues to ignore court orders, the court may modify the parenting plan or reduce their time. Courts act based on the child’s best interests.
Contempt occurs when a parent knowingly violates a court order. Consequences include fines, makeup parenting time, and, in serious cases, jail.
Children do not get to decide. Parents are obligated to follow court orders. If there are problems, you may need to request a modification or appoint a guardian ad litem.
Yes. The court may order supervised visitation if one parent has substance abuse, mental health issues, or a history of violence.
While informal agreements may seem convenient, they are not legally enforceable. You should submit a revised schedule for court approval to avoid future disputes.
Keep detailed records: document missed exchanges, save texts or emails, and note any communications that show noncompliance with the court order.
Emergency motions are typically set for hearing within 14 days, and the court may issue temporary orders immediately if the child is at risk.
Yes. Courts may order parenting classes, counseling, or therapy when they believe it’s necessary for the child’s well-being or to reduce parental conflict.
If you’re dealing with denied visitation or considering whether to withhold parenting time due to serious concerns, it’s important to talk to an experienced family law attorney before making any decisions. At Gordon & Perlut, LLC, we help parents throughout Illinois handle these disputes the right way—through the legal system and with the child’s best interests in mind.
Contact our Chicago parenting time lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients across all of Illinois in parenting time and divorce matters.