Yes, a visitation order can be changed if there is a risk to the child’s safety. According to North Dakota Century Code 14-09.4-14, the court may modify a final custody or visitation order on a showing by a preponderance of the evidence that a substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child, and that modification is in the best interest of the child.
Modification of Custody or Visitation
Circumstances for Modification
Under North Dakota Century Code 14-09.4-14, a court may modify a final custody or visitation order if there is a substantial and continuing change in circumstances relevant to the custody or visitation of the child. This could include situations where there is a risk to the child’s safety. The party seeking the modification must prove by a preponderance of the evidence that the change in circumstances is substantial and continuing, and that the modification is in the best interest of the child.
Best Interest of the Child
The court’s primary concern in any custody or visitation matter is the best interest of the child. According to North Dakota Century Code 14-09.4-11, in determining whether an order of custody or visitation to a nonparent is in the best interest of a child, the court shall consider several factors, including past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child.
Emergency Order
In situations where a child is in immediate danger, the court can expedite the proceedings and issue an emergency order. As per North Dakota Century Code 14-09.4-10, on finding that a party or a child who is the subject of a proceeding is in danger of imminent harm, the court may expedite the proceeding and issue an emergency order.
Presumption Arising from Child Abuse, Neglect, or Domestic Violence
Under North Dakota Century Code 14-09.4-12, the court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state.
In conclusion, if there is a risk to the child’s safety, the court has the authority to modify a visitation order in North Dakota. The court will consider the best interest of the child and any evidence of abuse, neglect, or domestic violence when making its decision.