It’s sometimes hard for parents to share custody rights. Maybe your children tell you that they don’t want to go stay with your ex. Maybe you don’t like the living environment they’re subjected to when they’re at that person’s home. You may be sorely tempted to cut off all visitation, but can you?
First and foremost, violating a court order is illegal — and your parenting plan is a court order. Do not refuse to let your ex see the kids if the order says that they should. You could face very serious ramifications.
The main reason that visitation or custody rights get revoked is when a parent is deemed to be a threat to the safety of the kids. Only a very real threat is considered important enough. If your ex is abusive and you have pictures of the injuries to prove it, for instance, the court will not want to keep the children in that dangerous situation. You can get the order changed and may even be able to get a protection order against your ex.
Many things you may think are abhorrent won’t be viewed that way by the court. Maybe your ex allows the kids to skip doing their homework and just lets them watch TV. Is that good for them? Of course not. They need to do their work and your ex should want to engage with them and spend time with them. However, doing a poor job of parenting is not the same as posing a threat. Don’t deny visitation for things like this.
If you genuinely believe that the parenting plan isn’t working or you feel that your ex is not capable of good parenting, you must know what legal steps to take. A modification of custody may be possible, by you need to follow the proper procedure.