What Happens if My Child Refuses to Go With the Other Parent?

 Posted on August 26, 2026 in Family Law

If your child refuses to go with the other parent, you're still generally required to follow your custody order. You need to encourage the visit. Simply allowing your child to skip parenting time can put you at risk of a contempt charge.

Attorneys Joel Brown and Gregory Reeder bring over 30 years of combined experience to these cases. They built their practice on honesty, integrity, and great customer service. If you're dealing with this stressful situation in 2026, our Joliet, IL family law attorneys can help you understand your obligations and options.

Are You Legally Required to Force Your Child to Go With Their Other Parent?

You are generally required to follow the parenting-time schedule in your court order. This means you should make reasonable efforts to have your child available and encourage them to spend the scheduled time with the other parent.

Illinois law does not say that you must physically force a resisting child to go. However, simply allowing your child to skip parenting time without making a genuine effort to follow the order can create legal problems. Under 750 ILCS 5/607.5, a court can take action when a parent fails to comply with an approved parenting plan or parenting-time order.

Could You Face Legal Consequences for Your Child's Refusal to Go With Their Other Parent?

The other parent can file a petition to enforce the parenting-time order if they believe you are not complying with it. Under Illinois law, the court may order remedies. These may include makeup parenting time, counseling, fines, payment of certain expenses, attorney's fees, or contempt in appropriate cases.

Repeated interference with parenting time may also become relevant if either parent later asks the court to modify parenting time or parental responsibilities. Any modification must meet the separate legal requirements that apply to changing an existing parenting order.

When Might a Court Consider Your Child's Wishes About Parenting Time?

Older children, particularly teenagers, sometimes have more influence over custody arrangements than younger kids. This varies significantly by situation, though. Courts can consider a child's preference as one factor among many. This doesn't mean a child gets to simply refuse visits without consequence, regardless of their age.

Your child might have consistently and strongly refused visits over time. If so, this pattern might eventually become relevant to a custody modification case. This process looks very different from simply allowing your child to skip scheduled parenting time on their own.

What if There's a Legitimate Safety Concern in a Parenting Time Case?

You should document these concerns thoroughly and contact your attorney immediately if your child is refusing to go because of genuine safety concerns, like abuse or neglect. Safety concerns require a different approach than typical resistance or preference issues.

You may need to file an emergency motion with the court in these situations. This is better than simply forcing your child to attend a potentially unsafe situation. This is a completely different scenario than a child who's simply upset about missing a friend's birthday party or doesn't want to leave their video games behind.

Never Assume You Can Unilaterally Withhold Visitation

Going through proper legal channels matters, even with genuine safety concerns. Simply deciding on your own to stop all visitation can backfire significantly, even with good intentions. This is especially true if you don't have court approval or haven't properly documented and reported the underlying safety issue.

What Evidence Helps if Your Child Refusing Parenting Time Becomes a Legal Issue?

Building a strong record can protect you if the situation escalates into a legal dispute. Helpful evidence includes text messages or communications with the other parent about the refusal. Notes documenting your child's specific statements and reasons matter too. Any evidence showing your genuine efforts to encourage compliance with the custody order can help as well.

Witness statements from anyone who observed your attempts to encourage the visit can also strengthen your position. This could include a family member present during a difficult transition. This matters if you need to demonstrate good faith efforts to a judge.

Schedule Your Free Consultation With Our Plainfield, IL Parenting Time Attorneys

At Reeder & Brown, P.C., we understand how stressful it can be when your child resists spending time with the other parent. We're here to help you navigate this situation the right way. We'll guide you through this process with honesty and clear communication every step of the way.

Contact Reeder & Brown, P.C. at 815-885-5980 to talk to our Joliet family law lawyers today.