Technically, no. Practicably/pragmatically, yes.
Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply with the parent time “visitation” scheduling orders that a court issues in a divorce or child custody case. But the courts find it difficult to enforce these parent time schedule orders as to the children. In other words, if a child won’t comply with the court’s parent time orders, usually courts do one of two things. Some courts “find” that they don’t have the power to compel a child to comply. This is not true, but by making such a finding that it has no power to coerce and compel a child to comply, the court is able to wash its hands of dealing with the enforcement question. More honestly, other courts find that using the powers of the state, such as arrest and incarceration, to coerce and compel a child to comply with its parent time orders does more harm than good, is more trouble than it’s worth. And it’s not like the parents have any realistic options to enforce parent time orders either. If a parent were to bar the door to his or her home to a child to compel that child to go spend parent time with the other parent, that child could simply dial 911 and report the parent for child abuse and neglect. So in short, if a 16-year-old child doesn’t want to comply with the court’s parent time schedule orders, that child will probably get his or her wish.
Utah Family Law, LC | divorceutah.com | 801-466-9277