What can I do about unlawful visitation and interference?

Asked in Cook County, IL on January 12, 2026 Last answered on May 29, 2026

My ex-wife is not allowing me for my visitation and refused to send the kids to school. What should I do?

3 answers

Russell Knight
Answered by:

Russell Knight

Chicago, IL
Law Office of Russell D. Knight 773-334-6311
Free Consultation
Answer

If you have a current parenting plan that allows you visitation, you need to file a motion to enforce that parenting plan. The courts will insist that she follows the parenting plan or be held accountable. 

If she does not comply immediately with the court's order to enforce the order, you need to file a petition to hold her in indirect contempt of court. This will allow the court to go so far as to issue a body attachment (that's a civil arrest warrant) unless she cooperates with the ordered visitation. 

Finally, due to her intransigence, you will likely need to file a motion to modify the visitation schedule so that you can see your children more often and allow you to be the parent who takes the children to school. In such a case, a Guardian Ad Litem will likely be appointed to find out why your ex-wife is not taking the children to school or allowing you your court-ordered visitation. There are likely additional disturbing details that need to be addressed as well.

I am sorry that you and your children are going through this. 

May 3, 2026
Answer

Generally, your ex-wife cannot refuse to comply with a court order for parenting time or visitation because she does not agree with it. You should keep a log of each missed exchange, including dates, times, messages, and witnesses. Continue to communicate in writing as calmly as possible. If there is no court order or the order is ambiguous, it may be more difficult to enforce a specific schedule until the court enters or clarifies one. A parent’s refusal to send children to school may raise separate concerns, especially if children are required to attend school under state law.

You may be able to file a motion to enforce parenting time, a contempt petition, or an emergency motion if the children's safety, schooling, or well-being is jeopardized, depending on your situation. You can also call the school to confirm attendance records and talk to a family law attorney about what your best next step is in your state. 

April 29, 2026
Fedor Kozlov
Answered by:

Fedor Kozlov

Schaumburg, IL
The Law Office of Fedor Kozlov, P.C. 847-241-1299
Free Consultation
Answer

If there is a court order and she violated it, you can file petition for rule to show cause. if there is no order you need to file a motion. 

May 29, 2026

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Submit a question and get answers for free from a Super Lawyers Selectee.

Ask a question
Disclaimer

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Page Generated: 0.081609010696411 sec