You’re angry, hurt, and sure that by limiting your child’s time with your ex, you’re keeping them safe. They might have let you down, broken promises, or said things that made you doubt their judgment. It’s okay to keep your child away from someone who has hurt your family so much. But what seems right in the heat of the moment can ruin your custody case and cost you the relationship you’re trying to protect.
There is a clear legal standard in California courts: children do better when they see both parents often and consistently. If you keep your child away from the other parent without a good reason, you’re not only breaking a court order, you’re also showing the judge that you can’t put your child’s needs ahead of your own.
OC family law judges have heard every excuse and reason, and they always punish parents who get in the way of the other parent’s relationship with the child.
Schedule a confidential consultation now or call (714) 909-2561Â to discuss your custody concerns with the experienced family law attorneys at Moshtael Family Law before making decisions that could permanently affect your parenting rights.
What California Law Says About Both Parents’ Rights
California Family Code Section 3020 sets out the basic rule that all custody decisions in our state must follow. The law says that “it is the public policy to make sure that children have regular and ongoing contact with both parents after the parents have separated or ended their marriage.” This isn’t a suggestion or a preference; it’s how courts handle every custody case from the beginning.
This policy is based on decades of research that shows that kids usually do better when they stay close to both parents after a divorce, as long as both parents can give them safe, appropriate care. The law says that kids need both parents in their lives, even if those parents can’t get along anymore.
Family Code Section 3040 backs this up by saying that when deciding on custody arrangements, courts should think about “which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.”
In practice, this means that judges actively look for which parent will help the child have a good relationship with the other parent, and they often rule against parents who try to limit or get in the way of that relationship.
How Courts View Parents Who Interfere with Visitation
Judges in Orange County family law have strong feelings about parents who try to limit the other parent’s role in their child’s life or who interfere with court-ordered visitation. At Moshtael Family Law, we have seen judges see interference as a sign of a number of worrying patterns, such as not being able to co-parent well, putting your own feelings ahead of your child’s needs, and being willing to ignore court orders when they don’t work for you.
If you don’t let the other parent see the child during scheduled parenting time, or if you make it hard for them to exercise their custody rights, you’re sending the court a clear message that you can’t be trusted to follow the custody arrangements. This view is especially harmful when you want the court to give you more parenting time or primary custody.
Judges know that it can be hard for parents to share their kids after a divorce or separation. The court’s job, though, isn’t to agree with how you feel about your ex. It’s to figure out what is best for your child.
Courts make a distinction between interference that is based on real safety concerns and interference that is based on anger, control, or a desire to punish the other parent. Legal options are available when you can show that there are real reasons to protect your child, such as drug abuse, domestic violence, or severe neglect.
But if you interfere because you’re angry, disagree with how the other parent does things, or think you’re the “better parent,” you’re hurting your own custody case.
If you’re concerned about your ex’s parenting or feel tempted to limit their access, schedule a consultation on our secure online form to discuss legitimate legal options rather than taking matters into your own hands.
Consequences of Keeping Your Child Away Without Legal Justification
If you interfere with the other parent’s visitation or custody rights, the punishments can be embarrassing or even life-changing, depending on how often and how severely you do it. California courts have a lot of power to punish people who violate the rights of the other parent and stop them from interfering in the future.
Judges almost always order parents to make up for missed time with their kids. This means that you’ll need to give the other parent extra time with your child to make up for the visits you stopped. These makeup periods often happen when you would normally be with your child, which means you can’t see them as much, which is a punishment for you.
When one parent shows a pattern of interfering, courts often change the custody arrangements. The judge may decide that you are not fit for primary custody if you have been keeping the other parent from seeing your child or making it hard for them to do so. In serious cases, courts have given the other parent full physical custody, which is the opposite of what the parent who was interfering wanted.
Family Code Section 3027.5 talks about what to do when parents lie about abuse to get in the way of custody. If the court finds that you knowingly made false claims of child sexual abuse in order to stop the other parent from having legal contact with your child, the judge can order supervised visitation for you or greatly limit your custody rights.
Courts take false abuse claims very seriously because they hurt kids, waste the time of the courts and protective services, and make it harder for real abuse victims to be believed.
Potential Criminal Charges Due to Custody or Visitation Interference
In addition to changes in civil custody, intentionally interfering with custody or visitation can lead to criminal charges. California Penal Code Section 278.5 says that it is a crime to maliciously take away someone’s legal right to visit or have custody of someone else. This law deals with cases where someone “takes, entices away, keeps, withholds, or conceals a child” and takes away the rights of the legal custodian.
If you break Section 278.5, you could be charged with either a misdemeanor or a felony, depending on the facts of the case and your criminal record. People who are found guilty of a felony can go to state prison. Even if you are only convicted of a misdemeanor, you will have a criminal record that can affect your job, your custody case, and many other parts of your life.
If you break custody orders, the courts can also hold you in contempt. If you are found in contempt, you could face fines, attorney’s fees, and even jail time in the worst cases. Furthermore, the court will not trust you as much, and judges will be less likely to believe your explanations or grant your requests in future cases.
Why “Protecting” Your Child Usually Backfires
A lot of parents say they get involved because they want to protect their child from the other parent’s bad decisions, inconsistent discipline, new relationship, or parenting style that is different from their own. If the other parent’s actions don’t amount to abuse, neglect, or serious danger, these reasons won’t keep you from facing consequences if you refuse court-ordered visitation.
You can’t limit the other parent’s time with their child just because you don’t agree with their choices. Just because you think your way of parenting is better doesn’t mean you should get involved. It’s not okay to break custody orders just because you’re mad about the divorce or your ex’s new relationship. Family law judges in OC hear these reasons all the time, and they always turn them down.
Kids notice when you try to limit their time with their other parent. Studies show that this kind of interference is bad for kids because it makes them feel torn between their parents, hurts their relationship with both parents, and teaches them that court orders and agreements don’t matter.
If judges see proof that you’re keeping the child away from the other parent—like telling them to reject the other parent, talking badly about them in front of the child, or getting in the way of their relationship—it really hurts your custody case.
In California, courts know that some parents do what is commonly called “parental alienation,” which is when one parent systematically undermines the child’s relationship with the other parent by lying, making false claims, or interfering with parenting time.
Alienation isn’t a separate legal category in California, but courts do look at it through the best interests analysis in Family Code Sections 3011 and 3020. When there is proof of alienation tactics, courts often cut the alienating parent’s custody and order reunification therapy or other interventions.
Legitimate Reasons to Deny Visitation and How to Handle Them
Important exceptions exist to the rule that you must honor custody and visitation orders. When your child faces genuine danger from the other parent, you have both the right and the responsibility to protect them. However, even legitimate safety concerns must be handled correctly to protect both your child and your legal position.
If you have reasonable concerns about immediate physical harm or sexual abuse, you can refuse to turn over your child for scheduled visitation—but you must immediately contact law enforcement and file an emergency motion with the court.
Penal Code Section 278.5 provides a defense for parents who deny custody “with a good faith and reasonable belief that the child, if left with the other parent, would suffer immediate bodily injury or emotional harm.” This defense requires both good faith and reasonable belief, not just your subjective fear or anger.
Document everything if you believe your child is unsafe with the other parent. Keep records of specific incidents, including dates, times, what happened, who witnessed it, and how it affected your child. Photographs of injuries, medical records, police reports, and statements from witnesses or professionals who have observed concerning behavior all strengthen your case.
Substance abuse by the other parent justifies seeking modification of custody or visitation, but typically doesn’t justify unilaterally denying court-ordered time. Instead, file a motion asking the court to order supervised visitation, drug testing, or completion of treatment programs before allowing unsupervised time. Courts take substance abuse seriously and will modify orders when evidence demonstrates risk to the child.
The proper approach when you have legitimate safety concerns involves immediately filing for modification of custody or visitation orders. Request a hearing, present your evidence to the court, and ask for appropriate protective measures such as supervised visitation, restrictions on overnight visits, or suspension of visitation pending completion of treatment or counseling. While waiting for your court date, comply with existing orders unless doing so would create immediate danger to your child.
Mental health concerns about the other parent should be addressed through proper legal channels. If their mental health condition affects their ability to parent safely, file a motion seeking a psychological evaluation, supervised visitation, or other appropriate modifications. Simply disagreeing with their mental health treatment or believing they need help doesn’t justify denying ordered visitation.
If you’re facing this situation and need guidance on protecting your child while protecting your custody rights, schedule a confidential consultation now or by calling (714) 909-2561.
How Moshtael Family Law Protects Parents’ Rights in Orange County
At Moshtael Family Law, we handle custody disputes throughout OC where one parent is interfering with the other’s relationship with their child. Our approach focuses on protecting your parental rights while keeping your child’s best interests at the center of every strategy and decision.
We help parents facing interference document violations effectively, file compelling motions for contempt or custody modification, gather evidence that demonstrates the pattern of interference, and present persuasive arguments to Orange County family law judges who hear these cases regularly. When you’re the parent being denied access, we move quickly to enforce your rights and restore your relationship with your child.
For parents who’ve made mistakes by interfering with visitation, we provide an honest assessment of your legal situation and develop strategies to minimize damage to your custody case. This might involve immediately stopping the interference, offering makeup time before the court orders it, demonstrating changed behavior and commitment to co-parenting, and addressing the court’s concerns directly rather than making excuses.
Orange County’s family law courts handle thousands of custody cases each year, and our attorneys have extensive experience practicing at the Lamoreaux Justice Center, Central Justice Center, and other OC family court locations. We understand how local judges view interference cases and what evidence and arguments resonate with them when addressing these situations.
The stakes in custody cases involving interference are typically higher than standard modification requests. You’re not just asking the court to adjust a schedule—you’re showing the judge evidence of one parent’s unwillingness to follow orders and facilitate the child’s relationship with the other parent. These cases require thorough preparation, persuasive presentation, and attorneys who understand how to protect your rights while demonstrating you’re focused on your child’s wellbeing.
Protect Your Relationship With Your Child: Call A Trusted OC Lawyer
Whether you’re tempted to keep your child away from your ex, you’ve already denied visitation and are facing consequences, or you’re the parent being wrongfully shut out of your child’s life, immediate legal guidance can make the difference between protecting your parental rights and losing them.
California’s strong policy favoring both parents’ involvement in their children’s lives means courts consistently penalize interference while rewarding parents who facilitate healthy relationships with both parents.
Don’t let anger, hurt, or misguided protective instincts destroy your custody case. Don’t tolerate another parent’s interference with your relationship with your child.
Schedule a confidential consultation now or call (714) 909-2561 to discuss your custody situation with the family law attorneys at Moshtael Family Law. We’ll evaluate your specific circumstances, explain your legal options, and develop a strategy to protect both your parental rights and your child’s best interests.
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