In Minnesota, when a court issues a custody and parenting time order, both parents are legally obligated to follow it. Unfortunately, conflicts can arise — and sometimes one parent may attempt to block or deny the other parent’s right to court-ordered visitation. Whether it’s done out of anger, control, or miscommunication, denying visitation is a violation of a court order, and it can have serious legal consequences.
If you’re being denied access to your child — or if you’re unsure what rights you actually have under the law — this blog will explain what you need to know and what steps you can take to protect your relationship with your child.
What Is Court-Ordered Visitation?
Visitation in Minnesota is legally referred to as parenting time. It refers to the time the non-custodial parent spends with the child according to a schedule approved by the court. This schedule is part of the custody order and has the force of law behind it.
Whether your parenting time is every other weekend, weekdays, holidays, or summer breaks — you have a legal right to that time, and your co-parent cannot override it unilaterally.
Is Denying Visitation Illegal in Minnesota?
Yes. If a parent denies or interferes with the other parent’s court-ordered visitation without a legitimate legal reason, they are in violation of a court order.
Common examples include:
- Refusing to hand over the child at the scheduled time
- Repeatedly being late for drop-offs or pick-ups
- Saying the child “doesn’t want to go” without involving the court
- Scheduling conflicting activities during the other parent’s time
- Not allowing phone or virtual contact (if ordered)
Unless there is imminent danger to the child, a parent cannot deny visitation on their own authority.
Legitimate Reasons to Temporarily Withhold Visitation
While withholding parenting time is generally not allowed, there are narrow exceptions:
- The child is sick or hospitalized (must be documented)
- The other parent shows up intoxicated or poses a clear danger
- There is an active Order for Protection (OFP) prohibiting contact
In these situations, the denying parent should document everything, communicate clearly, and inform the court immediately.
If you believe your child is in immediate danger during parenting time, call law enforcement and speak to your attorney. But don’t take matters into your own hands by violating the order.
What Can You Do if Your Visitation Rights Are Denied?
1.
Document the Violation
Write down:
- Dates and times of missed visitations
- Any text messages or emails
- Witness accounts or evidence
This documentation will be critical if you need to return to court.
2.
Contact a Family Law Attorney
A Minnesota family law attorney can help you decide whether to file a motion to enforce parenting time, request make-up time, or pursue a contempt of court action.
3.
File a Motion with the Court
Under Minnesota Statutes § 518.175, you have the right to request a hearing if the other parent is unreasonably denying parenting time. The court may:
- Order make-up parenting time
- Modify the custody agreement
- Impose fines, sanctions, or jail time for contempt
4.
Mediation or Parenting Time Expeditor
In some counties, you may first need to try mediation or work with a parenting time expeditor, a neutral third party who helps resolve disputes without returning to court.
What If the Denial Happens Repeatedly?
When denial of visitation becomes a pattern, the court may take stronger actions. These include:
- Holding the violating parent in contempt of court
- Modifying the custody arrangement
- Ordering supervised visitation
- Imposing attorney’s fees and fines
In extreme cases, custody may be transferred to the parent who has been denied visitation, especially if the court finds that the other parent is undermining the child’s relationship with the noncustodial parent.
What Not to Do in Response
Even if you’re angry or hurt by the other parent’s behavior, avoid making decisions that could backfire legally. Specifically:
- Do not withhold child support — these issues are legally separate
- Do not retaliate by interfering with their parenting time
- Do not confront them aggressively — always document and stay calm
- Do not involve the child in the conflict
Courts look favorably on the parent who puts the child’s best interests first and follows the legal process to resolve disputes.
Impact on the Child
Consistently denying parenting time hurts children more than either parent. Children benefit from stable, consistent relationships with both parents. The court will always act in accordance with the child’s best interests, and denying visitation without cause is not in the child’s favor.
If the child seems to be resisting parenting time, courts may require counseling, reunification therapy, or involve a guardian ad litem to investigate further.
When to Modify Parenting Time
If circumstances have changed — like the child’s needs, school schedules, or safety concerns — and the current schedule no longer works, you can file a motion to modify parenting time under Minnesota Statutes § 518.18.
This must be done through the court — informal changes or ongoing denial without a new order are not legally valid.
Talk to a Minnesota Custody Lawyer
At Martine Law, we help parents protect their parenting rights and take legal action when the other parent violates a custody order. Whether you need to enforce your rights, seek make-up time, or request a custody modification, we are here to help.
Contact our Minneapolis family law team for a confidential consultation.