Unless there is a finding by the court within your divorce decree that police can be used to enforce visitation, the police CANNOT enforce a civil order (which a divorce/custody decree is.) That said, it is a crime to interfere with a parent's custodial/visitation rights, but unless there is a pattern of interference on the part of one parent, it is not likely that a local prosecutor would do anything about it. Further, follows a doctor's advice regarding your child's health is acting in the child's best interest. The court will endorse that sort of behavior. If the cops come to pick up the child, you can simply tell them that you are not turning over the child because the child is very ill and his doctor has advised that he stay at home that weekend. The police have no authority to remove the child from you UNLESS your divorce decree gives them the authority. Don't make a habit of withholding visitation, however. You will lose credibility with the court, and could face both civil sanctions and criminal charges.

Answer Applies to: Utah
Replied: 12/26/2011

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