Child’s Refusal to Visit the Other Parent
In North Dakota, the court’s primary concern in any custody or visitation matter is the best interest of the child. This principle is enshrined in North Dakota Century Code Section 14-09-06.2. However, the child’s preference is only one of many factors the court considers, and it is not determinative. The court will also consider the age and maturity of the child when weighing their views.
Factors Considered by the Court
The court considers several factors when determining the best interest of the child, as outlined in Section 14-09-06.2. These factors include:
- The love, affection, and other emotional ties existing between the parents and child.
- The ability of each parent to assure that the child receives adequate food, clothing, medical care, and other basic needs.
- The willingness of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
The child’s preference is also considered, but it is not the sole determining factor. The court will take into account the age and maturity of the child when considering their views.
Child’s Refusal and Parenting Time Interference
Under North Dakota Century Code Section 14-09-06.6, persistent and willful denial or interference with parenting time can be a ground for modifying a custody or visitation order. If a child refuses to visit the other parent, and the custodial parent supports or encourages this refusal, it could be considered interference with parenting time. However, the court will always consider the best interest of the child before making any modifications.
Legal Consequences for Non-Compliance
Non-compliance with a court-ordered visitation schedule can have serious legal consequences. According to North Dakota Century Code Section 14-09-24, a parent who willfully disobeys a visitation order may be found in contempt of court. Penalties can include fines, imprisonment, or both.
Seeking Legal Advice
If your child refuses to visit the other parent, it is advisable to seek legal advice. A family law attorney can help you understand your rights and responsibilities under North Dakota law and guide you through any necessary legal proceedings.
Remember, the court’s primary concern is the best interest of the child. Any actions that are perceived to be contrary to this principle could negatively impact your custody or visitation rights. Therefore, it is crucial to handle such situations carefully and in accordance with the law.
Conclusion
In conclusion, while a child’s preference is considered, it is not the sole determining factor in visitation matters. The court will always prioritize the child’s best interest. Non-compliance with a visitation order can have serious legal consequences. Therefore, if a child refuses to visit the other parent, it is advisable to seek legal advice.