Non-Custodial Parent Does Not Return Child

Non-Custodial Parent Does Not Return Child


If one of the parents is being problematic and doesn’t return the child back at the appointed time determined in orders of the parenting plan, the other parent has a couple of options that begin with communicating with the mother or father and end with court. These circumstances can occur occasionally when one parent has no respect for the other, and it is vital to impose the rules.

The Severity of the Lateness

Prior to the parent seeking out certain corrective measures for the lateness of the return of the child, they are going to need to ascertain the severity and communication regarding the late return. If they explain that they won’t bring the child back in time because of unforeseen circumstances like a traffic accident traffic or a flat tire, the severity is typically minimal. Nevertheless, when the parent doesn’t communicate the issue or declines to respond to contact, the severity can increase. Days or possibly weeks of no return may also lead to an instant requirement for action.

Discuss the Matter

When parents are undergoing visitation and/or custody arrangements because of their divorce, one might disrespect the other because of a failure to see through with their parenting plan. This is one reason of getting the child back after the designated time. The parent that is going to receive the child might need to make it known how returning the child later than expected may cause serious issues like getting the child back for a doctor’s appointment or if the child needs to leave following them getting back for vacation. The problem of the late return may cause consequences to the household that the other parent is unaware of at the time.

Frequency of Lateness

Occasionally, one of the parents can’t get the child back in time because of assorted factors of life that may include car collisions, traffic and simply forgetting the time. Nevertheless, other times frequency of lateness is a more serious issue. Getting a child back when schedules is important for their schedule and day to day routine. When the parent does this over and over, they could face more serious consequences like heading to court and a scolding from the judge. A newer parenting plan or another agreement concerning visitation is also possible. The custodial parent is able to get in contact a lawyer to begin one of the processes or another.

Going to Court

The person that faces the child returning late might be required to contact their lawyer to implore the court about the situation. This person might need to justify the issue and could decrease visitation rights and/or time with the child. The judge will hear both sides and examine the records to establish what action to take. Usually, they may try a specific activity first prior to settling on a determination that is more lasting. This might lead to different times with the child or more restrictions placed on the non-custodial parent.

Getting in Contact with the Authorities

When there is a possibility the other parent is going to keep the child for a longer term, then it’s time to get a hold of the authorities to assist the parent in getting their child back. This is one potential consequence of visitation when the non-custodial mother or father wants to keep the child but doesn’t have a legal right because of the visitation and/or custody arrangements. The custodial parent is going to have to get a hold of the authorities following so many hours if the non-custodial parent doesn’t return the child. This might involve a kidnapping circumstance in which requires swift action to diminish.

When the mother or father is not concerned that the other parent is going to return the child, but the issue is more serious, they may need to get a hold of a lawyer about the matter. The custodial parent might be required to make new arrangements with the court or implore to take away the non-custodial parent of visitation rights entirely. When there is evidence of potential harm to the child, this could increase the effectiveness of the case against the non-custodial parent. The lawyer hired for this issuer might need to explain to the judge how the child suffered in different ways because of the disrespectfulness the non-parent showed to the custodial parent.

Legal Support in Visitation Issues Among Parents

When the custodial parent can’t be acceptable, they might need to speak to a family lawyer to go after the issue with the court and look for a legal remedy.


  1. Other Parent Doesn’t Return My Child Back to Me on Time – What Can I Do? (n.d.). Retrieved April 15, 2021, from

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