What Is the Penalty for a Custodial Mother Who Prevents the Father from Seeing His Children? And What Is the Penalty for a Father Who Fails to Attend Visitation Appointments?

Article 183 (Paragraphs A and C) of the Jordanian Personal Status Law regulates the enforcement of visitation, overnight stays, hosting, accompaniment, and communication with the child. It also specifies the legal consequences for violations by either the custodian or the parent entitled to visitation.

Below is a clear explanation of the legal penalties in both situations.

First: Penalty for the Custodian Who Prevents Visitation

If the custodian (usually the mother) refuses to enable the person entitled by court judgment (the father) to exercise his right to:

• Overnight stay
• Visitation
• Hosting
• Accompaniment
• Communication with the child

❗ Without a lawful excuse ❗ And the refusal is repeated after a warning from the Chief of Execution

Then, upon request, the trial judge may:

✅ Temporarily revoke custody and transfer it to the next eligible custodian 🔹 For a limited period not exceeding one year 🔹 While taking the best interests of the child into consideration

In other words, repeated unjustified refusal may result in temporary loss of custody.

Second: Penalty for the Father Who Fails to Attend Visitation

If the person entitled to visitation (the father) repeatedly fails to attend the scheduled time for:

• Overnight stay
• Visitation
• Hosting
• Accompaniment
• Communication

❗ Without a lawful excuse

Then, upon request, the Chief of Execution may:

✅ Suspend enforcement of the visitation order 🔹 For a period not exceeding three months

This means the law may temporarily suspend the father’s visitation rights if he repeatedly fails to comply.

Legal Philosophy Behind the Provision

The law seeks to balance:

• The father’s right to see his children
• The custodian’s right to stability
• The best interests of the child, which remain the primary consideration

Neither parent may misuse their rights to pressure or harm the other.

Summary of Article 183 (A, C)

Legal Reference: Article 183 (Paragraphs A and C) of the Jordanian Personal Status Law.