What if a Child Resists or Refuses Parenting Time During a Divorce?

 
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Each week we post a blog about relevant legal issues.  Glance through our various topics to learn more about a particular legal situation.

These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.

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What if a Child Resists or Refuses Parenting Time During a Divorce?
Written By: Josh Lowell ~ 12/1/2025

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Divorce is difficult for everyone involved, but children often struggle most with the emotional and logistical changes that follow. Sometimes, a child may begin to resist or outright refuse parenting time with one parent. These situations can be deeply painful and confusing for both parents. If not handled carefully, there can also be serious legal consequences.

Washington law expects both parents to follow the court-ordered parenting plan. But what happens when your child simply refuses to go?

Why Children Resist Parenting Time

Children may refuse visitation for a wide range of reasons. Understanding the “why” behind the behavior is the first step toward resolution. Common reasons include:

  • Emotional conflict: The child may feel torn between parents or guilty about spending time with one.

  • Parental conflict: Tension or hostility between parents can make transitions stressful.

  • Fear or discomfort: The child may feel unsafe, unheard, or anxious about a parent’s behavior.

  • Influence from one parent: In some cases, subtle (or overt) negative comments from one parent can impact a child’s willingness to visit the other.

  • Developmental changes: Teenagers, in particular, often assert independence and may resist court-ordered schedules simply out of preference.

Whatever the cause, the court expects parents to make reasonable efforts to encourage and/or ensure visitation occurs as ordered.

Your Legal Obligations Under the Parenting Plan

When a Washington court issues a parenting plan, it’s a binding court order. Both parents are legally required to follow it. If one parent prevents or discourages the child from seeing the other parent, that parent could be held in contempt of court. Contempt findings can result in fines, makeup parenting time, attorney’s fees, and other sanctions.

Even if the child is the one refusing, the court will often evaluate whether the residential parent made a good-faith effort to encourage and facilitate visitation. Simply saying, “I can’t make them go,” may not be enough to avoid consequences.

Encouraging Parenting Time Without Escalation

Parents should avoid turning visitation into a power struggle. Instead:

  • Stay calm and empathetic: Validate your child’s emotions while reinforcing that the schedule is not optional.

  • Avoid blaming or interrogating: Don’t pressure your child to explain their feelings in a way that might make them feel guilty.

  • Model cooperation: Speak respectfully about the other parent, even if tensions exist.

  • Remind your child that love for both parents is okay: Children often need reassurance that it’s safe to care for both parents after a divorce.

Courts want to see that both parents are actively supporting their child’s relationship with the other parent, even during conflict.

When Refusal Becomes a Pattern

If the refusal continues over time, it may indicate a deeper emotional or relational issue. In these cases, several tools and interventions can help:

  • Family counseling or reunification therapy: This type of therapy focuses on repairing the relationship between the resistant child and the parent they’re refusing to see. A neutral therapist helps rebuild trust and communication in a structured, safe environment.

  • Parenting coordination: A parenting coordinator can help mediate disputes, clarify misunderstandings, and ensure both parents are acting in the child’s best interest.

  • Guardian ad Litem (GAL) involvement: If allegations of abuse or alienation arise, a GAL may be appointed to investigate and report to the court.

Courts may recommend or order these interventions to encourage healthy relationships and reduce long-term harm to the child.

What If You’re the Parent Being Refused?

If your child is resisting visits with you, it’s important to respond calmly and strategically.

  1. Document everything. Keep a detailed log of missed visits, communications with the other parent and your efforts to maintain contact.

  2. Seek professional support. A therapist or family counselor can help uncover the underlying reasons for resistance.

  3. Talk to your attorney. Legal intervention may be necessary if the other parent is subtly discouraging contact or violating the parenting plan.

You can file a motion for contempt or request modifications if there’s evidence that the other parent is contributing to the problem.

When Contempt May Be Appropriate

If the resisting child is clearly being influenced or coached, and the other parent is not making reasonable efforts to comply with the plan, your attorney may recommend a contempt action.

To prove contempt, you’ll need to show:

  • A valid court order exists (your parenting plan)

  • The other parent knowingly failed to comply

  • They did so without reasonable excuse

Washington courts may not hold a parent in contempt for a child’s independent refusal if the parent took genuine steps to facilitate the visit — such as preparing the child, communicating appropriately, and offering transportation.

Modifying the Parenting Plan

If your child’s refusal is rooted in developmental changes or genuine emotional distress, the best approach may be to request a modification rather than force compliance through contempt. Courts can adjust parenting plans to reflect a child’s age, maturity, or therapeutic recommendations.

However, modification requests should be made carefully, with guidance from an experienced family law attorney, as the process requires meeting specific legal thresholds.

When a child resists or refuses parenting time, the situation can feel overwhelming. You may be torn between following the law and protecting your child’s emotions. But Washington courts prioritize both compliance and the child’s best interests and will look closely at how each parent responds.

If you’re struggling with a resistant child or being accused of withholding visits, the experienced family law team at Magnuson Lowell, P.S. can help you navigate your legal obligations while supporting your child’s wellbeing.

Call us today 425-800-0573 for a free telephone case evaluation to discuss your options and develop a plan tailored to your family’s needs.


Happy Thanksgiving from Magnuson Lowell
Written By: Josh Lowell ~ 11/24/2025

 

Handling False Accusations in Custody Cases
Written By: Josh Lowell ~ 11/17/2025

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Few things are more painful or frustrating than being falsely accused of wrongdoing during a custody dispute. Allegations of abuse, neglect, or substance use can quickly change the tone of your case, and even impact your time with your children. Unfortunately, false accusations are not uncommon in high-conflict custody situations.

If you’ve been accused of something untrue, it’s important to stay calm, take the right steps, and protect both your reputation and your parental rights.

Why False Accusations Happen

False accusations often arise out of fear, anger, or an attempt to gain leverage in a custody dispute. Common motivations include:

  • Seeking an advantage in custody or visitation negotiations

  • Retaliation for perceived wrongs during or after the relationship

  • Misunderstandings blown out of proportion or taken out of context

  • Influence from others, such as friends or family encouraging one parent to “fight hard”

While false claims can be damaging, Washington courts are experienced in recognizing when accusations don’t align with evidence.

Step One: Stay Calm and Don’t Retaliate

It’s natural to feel angry or defensive, but emotional reactions can make things worse. Avoid contacting the other parent to “set the record straight” or posting about the situation online. Anything you say or do could be misinterpreted and used against you later.

Instead, focus on gathering facts and following your attorney’s advice before taking any action.

Step Two: Document Everything

The best defense against false accusations is thorough documentation. Start keeping a record of:

  • All communication with your co-parent (texts, emails, social media messages)

  • Your parenting time - keep a log of exchanges, visits, and events

  • Witnesses who can speak to your parenting and your child’s wellbeing

  • Any evidence that disproves the accusation (for example, receipts, photos, or location data)

If your co-parent makes repeated false reports, note each one. A pattern of false allegations can damage their credibility in court.

Step Three: Cooperate with Investigations

If a child protection agency or law enforcement becomes involved, cooperate respectfully. Even when the accusations are false, refusing to engage can make you look defensive. Be truthful, provide documentation, and avoid volunteering unnecessary information.

Your attorney can help you prepare for interviews and guide what to say, and what not to say, during the process.

Step Four: Work Closely with Your Attorney

False allegations require a strategic, evidence-based response. Your lawyer can:

  • Request records and reports to identify inconsistencies

  • Subpoena witnesses or professionals (teachers, doctors, counselors)

  • File motions to limit or dismiss unsupported claims

  • Ensure the court hears your side clearly and credibly

An experienced family law attorney understands how Washington courts assess credibility and evidence in custody disputes.

Step Five: Focus on Your Child’s Wellbeing

While it’s tempting to focus entirely on clearing your name, the court’s main concern will always be the best interests of the child. Continue to show that your priority is your child’s safety, stability, and happiness. Keep communication respectful, stay involved in school and activities, and avoid discussing the case with your child.

Step Six: Consider Professional Support

False accusations can be emotionally draining. A counselor or therapist can help you manage stress and avoid burnout. If your mental health is challenged, getting professional support not only helps you personally, it can also demonstrate to the court that you’re committed to maintaining stability and healthy parenting.

Being falsely accused in a custody case is incredibly difficult, but you don’t have to navigate it alone. With the right strategy, documentation, and legal support, you can protect your rights and restore your credibility.

At Magnuson Lowell, P.S., we’ve guided Washington parents through complex and emotionally charged custody disputes. Our attorneys understand how to counter false allegations effectively and prioritize your child’s best interests. Contact us today for a telephone 425-800-0576 case evaluation to see if we’re a good fit.