Sec. 25.20.140. Action for failure to permit visitation with minor child.
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Sec. 25.20.140. Action for failure to permit visitation with minor child.
(a)When a court order is specific as to when a custodian of a minor child must permit another person to have visitation with that child, and the custodian fails, wilfully and without just excuse, to permit visitation with the child in substantial conformance with the court order, the person entitled to visitation has a separate cause of action against the custodian for damages.
(b)The amount of damages recoverable under this section is $200 for each failure of the custodian, wilfully and without just excuse, to permit visitation with the child for substantially the length of time and substantially in the same manner as specified in the court order. This amount may not be increased or decreased once liability has been established. The custodian is not liable for more than one failure in respect to what is, under the court order, a single continuous period of visitation. The prevailing party in an action commenced under this section is entitled to recover a reasonable attorney fee.
(c)As used in this section,
(1)“court order” means a decree, judgment, or order issued by a court of competent jurisdiction;
(2)“custodian” means a natural person who has been awarded custody, either temporary or permanent, of a minor child;
(3)“just excuse” includes illness of the child which makes it dangerous to the health of the child for visitation to take place in conformance with the court order; “just excuse” does not include the wish of the child not to have visitation with the person entitled to it.