When a custody order is in place, both parents are expected to follow it — exactly as written. But what happens when one parent refuses to return the child, cancels visits, or blocks communication? In North Carolina, this behavior is known as parenting-time interference, and it can carry serious legal consequences.
Courts take violations of custody and visitation orders seriously because they disrupt the child’s stability and undermine the other parent’s rights. Fortunately, North Carolina law provides several remedies for parents who face interference, including make-up time, attorney’s fees, and contempt sanctions.
What Is Parenting-Time Interference?
Parenting-time interference happens when one parent wrongfully denies or obstructs the other’s court-ordered custody or visitation rights.
Examples include:
- Refusing to allow the child to go to scheduled visits.
- Failing to return the child on time.
- Moving or traveling without notice to avoid exchanges.
- Making false excuses (illness, activities, etc.) to block visitation.
- Manipulating the child to resist seeing the other parent.
- Blocking communication (calls, texts, or video chats) allowed under the order.
Even occasional interference can be harmful. It disrupts the child’s routine and damages the parent-child relationship.
North Carolina Custody Orders Are Legally Binding
Under N.C. Gen. Stat. § 50-13.3 and § 50-13.7, custody and visitation orders are legally enforceable. Once a judge issues an order, both parents must follow it.
If a parent violates the terms — even for what they consider a good reason — they can face legal penalties. Only a court can change custody or visitation arrangements, so taking matters into your own hands is never advisable.
Step 1: Document the Interference
Before taking legal action, gather clear and credible documentation. Judges rely on evidence, not emotions.
Keep records such as:
- Texts or emails showing refusal or missed visits.
- Police reports (if necessary for exchanges).
- Notes with dates and times of interference.
- Witness statements from family or neutral observers.
- Any impact on the child (missed school, distress, etc.).
The stronger your evidence, the easier it is to prove a violation of the order.
Step 2: Communicate (If Safe and Appropriate)
If communication is possible, politely remind the other parent of the custody order and request to make up the missed time. Sometimes, interference stems from miscommunication rather than intentional violation.
Keep all messages factual and calm — they may later serve as evidence. If communication tends to escalate, use a co-parenting app, which creates a court-admissible record.
Step 3: Legal Remedies for Parenting-Time Interference
If informal resolution fails, North Carolina law offers several legal remedies. The right option depends on the severity and frequency of the violations.
1. Motion for Contempt of Court
You can file a motion for contempt under N.C. Gen. Stat. § 5A-21 if the other parent willfully disobeys a custody or visitation order.
If the judge finds contempt, they can:
- Order make-up visitation time.
- Require the violating parent to pay attorney’s fees.
- Impose fines or even jail time for continued violations.
To prove contempt, you must show that:
- A valid court order exists.
- The other parent knew about it.
- They willfully violated it without good cause.
2. Request for Make-Up Parenting Time
Judges can order make-up visitation to restore lost time. The amount of make-up time depends on the circumstances — for instance, weekends missed or holidays lost.
Courts aim to protect the child’s relationship with both parents, so make-up time is often favored over punishment alone.
3. Modification of Custody or Visitation
If interference is ongoing or severe, you can request a modification of custody under N.C. Gen. Stat. § 50-13.7.
A judge may:
- Reduce the violating parent’s custody or visitation.
- Change the primary custodian.
- Add stricter exchange terms (neutral location, third-party supervision).
However, to modify an order, you must prove a substantial change in circumstances affecting the child’s welfare.
4. Attorney’s Fees and Sanctions
Under N.C. Gen. Stat. § 50-13.6, the court can order the interfering parent to pay your attorney’s fees if their behavior forced you to take legal action. This helps ensure one parent isn’t financially punished for enforcing their rights.
Step 4: When the Interference Is Severe
When a parent repeatedly ignores orders or tries to alienate the child, courts may impose stronger consequences, including:
- Supervised visitation for the violating parent.
- Contempt jail time (up to 30 days for civil contempt).
- Loss of custody in extreme cases.
Judges take repeated violations seriously because they signal disrespect for court authority and can harm the child emotionally.
What Not to Do
Even if the other parent violates the custody order, avoid retaliating or making unilateral decisions. Do not:
- Keep the child longer than scheduled.
- Deny their future visits.
- Withhold child support.
- Involve the child in adult disputes.
Doing so can weaken your case or even expose you to contempt yourself. Let the court handle enforcement.
When to Call Law Enforcement
If a parent refuses to return a child or threatens to take them out of state, contact local law enforcement. Under N.C. Gen. Stat. § 14-320.1, wrongful removal or concealment of a child in violation of a custody order is a crime.
Police can assist in retrieving the child and documenting the violation, which may later support your contempt or modification motion.
The Role of a Family Law Attorney
A skilled North Carolina family law attorney can:
- File motions for contempt or modification.
- Request make-up time and attorney’s fees.
- Gather and present strong evidence to the court.
- Protect you from false claims of interference.
Every case is different, but an experienced lawyer can guide you toward the most effective, child-centered solution.
Key Takeaway
Parenting-time interference undermines the stability children need after separation or divorce. North Carolina courts provide powerful remedies — from make-up time to contempt penalties — to ensure both parents follow custody orders.
If your co-parent is denying visits or violating your parenting schedule, you don’t have to handle it alone. The family law team at Martine Law helps parents across North Carolina enforce custody orders, restore lost time, and protect their relationship with their children.
Contact us today to discuss your case and take action to enforce your parenting rights.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.