It’s often asked by a parent whether one can refuse to give support where the non custodial parent is deprived of visitation or access.

There is possibly some sense of frustration felt by both parties in this situation. The non custodial parent feels beset upon to maintain another family dynamic which is closed to the outsider – why pay when excluded? Yet the custodial parent feels that coping alone is  hard, and the other parent is simply coming and going when it pleases.

It should be realised that the children wont be assisted by the deprivation of parental love. The usual advice is not to link  visitation to financial issues. However, recent case-law suggests that child support may be refused where visitation is denied UNJUSTIFIABLY or because of UNJUSTIFIABLE alienation of the children by the custodial parent. The upshot is hazy but suggests that extreme cases should be presented to an attorney for guidance.

_{THIS INFORMATION IS OF GENERAL NATURE ONLY AND NOT TO BE RELIED UPON IN ANY SPECIFIC SITUATION. IN ALL CASES CONSULT AN ATTORNEY FOR PROPER ADVICE}