Enforcing a Visitation Order in North Dakota
In North Dakota, visitation rights are taken seriously, and the law provides several mechanisms to enforce these rights. This article will guide you through the process of enforcing a visitation order in North Dakota, referencing the relevant North Dakota Century Code sections.
Understanding Visitation Rights
Visitation rights are typically granted to the noncustodial parent in a divorce or separation case. These rights are legally binding and must be respected by both parents. According to North Dakota Century Code 14-09-24, if the court determines there has been willful and persistent denial of visitation rights by the custodial parent, it may award the noncustodial parent reasonable attorney’s fees and costs. The court can use any remedy available to enforce a child support order, which is also appropriate to enforce visitation.
Steps to Enforce a Visitation Order
Filing a Petition
If your visitation rights are being violated, the first step is to file a petition for enforcement of the visitation order. According to North Dakota Century Code 14-14.1-30 (310), the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. The petition for enforcement of a child custody determination must state several key points, including whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter.
Requesting an Emergency Order
In cases where the child is in danger of imminent harm, the court may expedite the proceeding and issue an emergency order, as per North Dakota Century Code 14-09.4-10. This emergency order can provide immediate relief and ensure the safety of the child.
Court’s Consideration
When determining whether to enforce a visitation order, the court will consider the best interest of the child, as outlined in North Dakota Century Code 14-09.4-11. The court may also order an evaluation, investigation, or other assessment of the child’s circumstances and the effect on the child of ordering or denying the requested custody or visitation or modifying a custody or visitation order.
Enforcement Remedies and Tools
If the court determines that visitation rights have been violated, it can use several enforcement remedies and tools. According to North Dakota Century Code 14-14.1-32 (312), the court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs and communication expenses. If a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child.
In conclusion, enforcing a visitation order in North Dakota involves filing a petition, possibly requesting an emergency order, and awaiting the court’s decision based on the best interest of the child. The court has several remedies and tools at its disposal to enforce visitation rights, including awarding costs to the prevailing party and authorizing law enforcement intervention.