If you divorce someone you share minor children with, you will need to reach an agreement about how you will share custody and parenting and have a court approve it. If you cannot reach an agreement, a court will set things out for you.
There are very few circumstances in which you can deny your co-parent the right to see the children, but it’s worth remembering what they are. They include:
If they are not scheduled
You don’t have to allow the other parent to see the children outside of any time noted in the schedule. So it if is your turn to be with the kids, and not theirs, you are under no obligation to facilitate it. Note, however, that being flexible with each other is often best.
If it’s a matter of safety
Your child’s safety comes first. If your co-parent were to turn up in the car high on amphetamines, then you could justify telling them to go away and come back when the drugs are out of their system, as letting your kids go with them would put them at risk. You would also be justified in refusing to let your child go if you have reason to believe they will be abused.
You believe they won’t return the child
Imagine that a friend tipped you off that they saw your co-parent emptying their apartment and loading up the car with all their things. You fear they plan to leave town permanently with your child and that letting them take the child, even if it is their turn, might mean you never see your child again.
It’s important to remember that your co-parent might disagree with your reasoning. Even if what you suspect is true, they might deny it and complain to the court that you denied them access to the child. Seeking legal guidance can help you protect yourself and your child.