A person may file a family access motion if a court order of custody or visitation is denied or interfered with without good cause. The motion must state specific facts that establish a violation of specific visitation periods set forth in the court order. An order for "reasonable" visitation may not be specific enough for a family access motion to be appropriate.

How to File a Family Access Motion

The Circuit Clerk will provide forms and explain the filing procedures. A filing fee is charged for filing the motion. There is also a fee for serving notice on other persons entitled to notice of the motion.

Dispute Resolution

Family access disputes are scheduled for a mediation-arbitration ("Med-Arb") session. A dispute resolution professional will meet with the parents to engage in mediation, continuing as arbitration if parents are unable to resolve the issues themselves. Arbitration rulings may be advisory in nature or parents can agree to binding arbitration. Parent’s who do not reach resolution have the option of a court hearing to address the dispute.

A court that grants the motion can impose any of the following remedies:

• Hold the violator in contempt.
• Order compensatory visitation not less than the time denied.
• Order the violator to obtain counseling or pay counseling between child & petitioner.
• Require the violator to post security for future compliance.
• Assess a fine of $500 (paid to the state).
• Grant movant’s attorney fees and court costs.

Topics of Interest

• 2007 Family Access Neutrals

Forms  ( Disclaimer )

For more information, call Family Court Services at (816) 736-8400.