What Are the Penalties for Withholding Visitation in Illinois?

 Posted on July 11, 2025 in Parenting Time (Visitation)

Parents who defy a court-ordered parenting time agreement and refuse to let the other parent see their child can face serious consequences under Illinois law. Withholding visitation, known as parenting time in Illinois, does not just strain family relationships. It can result in legal penalties that affect a parent’s rights. Understanding these penalties is important for any parent navigating custody disputes. A Naperville, IL child custody attorney can help you protect your parenting time and explain your rights.

Is It a Crime To Deny Parenting Time in Illinois?

Section 607.5 of the Illinois Marriage and Dissolution of Marriage Act addresses the abuse of parenting time. According to this law, a parent cannot intentionally interfere with the other parent’s court-ordered parenting time. If your co-parent refuses to let you see your child, they could be found in contempt of court.

A contempt finding means the court believes a parent has disobeyed a legal order on purpose. Penalties for contempt can include fines, mandatory counseling, community service, or even jail time in severe cases. Courts often give parents a chance to correct the problem first. The most obvious solution is to order makeup parenting time. However, repeat violations can lead to stronger punishments.

What if the Child Is Refusing To Visit a Parent in Illinois?

Sometimes, it is the child who resists visits rather than a parent blocking access. This can be complicated. Section 602.7 of the Marriage Act says a child’s wishes should be considered if they are old enough and mature enough for their opinion to matter. However, this does not automatically excuse a parent from following the parenting plan.

If a child refuses visitation, the court will likely assess the situation to figure out why. There could be legitimate reasons, such as fear, discomfort, or outside influence from one parent. However, a parent should never simply stop parenting time without court approval, even if the child resists. Instead, it is best to document the issue and talk to a lawyer about possibly seeking a modification of the parenting plan.

Can You Enforce a Parenting Time Schedule Through the Court?

Parents have legal options for enforcing a parenting plan when one parent refuses to follow it. Section 607.6 states that a parent can file a motion asking the court to enforce parenting time. The motion should clearly outline the specific violations, providing details like dates, times, and the nature of the violations.

If the court finds that a parent has violated the parenting plan, it can take several actions besides holding the parent in contempt, including:

• Ordering the non-compliant parent to allow the other parent to have additional time with the child to make up for missed visits

• Imposing financial penalties

• Changing the schedule or other aspects of the plan to better reflect the child’s best interests and prevent future violations

In extreme cases, where violations are harmful to the child, the court may modify the parental responsibilities agreement, including the visitation schedule. Most enforcement actions take time. However, there are situations where a parent may believe the child is at risk of harm and needs to seek emergency enforcement, and a lawyer can help.

Talk to an Experienced Naperville, IL Parenting Time Attorney

Whether your co-parent refuses to follow your parenting plan or your child is struggling with visits, you should contact a knowledgeable DuPage County, IL parental responsibilities lawyer. Disputes over parenting time can be detrimental to a child’s well-being. At Calabrese Associates, P.C., we will explain your options for protecting your child. Call 630-393-3111 to schedule your consultation.