Section 11.51.125. Failure to permit visitation with a minor.

   (a) A custodian commits the offense of failure to permit visitation with a minor if the custodian intentionally, and without just excuse, fails to permit visitation with a child under 18 years of age in the custodian's custody in substantial conformance with a court order that is specific as to when the custodian must permit another to have visitation with that child.
   (b) The custodian may not be charged under this section with more than one offense in respect to what is, under the court order, a single continuous period of visitation.
   (c) In a prosecution under this section, existing provisions of law prohibiting the disclosure of confidential communications between husband and wife do not apply, and both husband and wife are competent to testify for or against each other as to all relevant matters, if a court order has awarded custody to one spouse and visitation to the other.
   (d) 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 child under 18 years of age;
        (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.
   (e) Failure to permit visitation with a minor is a violation.

Authorities

11.36.000

Notes

Recent Bills that will modify this

HB 15 MARRIAGE & SPOUSES
HB 342 MARRIAGE & SPOUSES

References

AS 11.36.000 ">

Chapter 11.36 FAILURE TO PERMIT VISITATION WITH MINOR CHILD

History

(Sec. 5 ch 166 SLA 1978)