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Child Refusal to Go on Visits Excuses Parent in Enforcement Case

On October 9, 2018

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This is one of the most frequent questions I get.  “What do I do if the children refuse to go with the other parent?”  According to the Beaumont Court of Appeals,  In re Miller, 09-18-00253-CV, the answer is you only have to make them available.  In this matter the father filed an enforcement and contempt proceeding when the children would not go on visitation with him.  The facts are more complicated, but the appeals court found the mother to not be in contempt because she had sent the children out of the house, and locked the door behind them.  The children refused to go with the father and walked around the back of the house and let themselves in the backdoor.

This issue is all over the map in our appellate and trial courts so before taking any steps like the mother in this case,  consult an experienced family law attorney.

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