Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.
(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.
(b)(1) Interference with visitation is a Class C misdemeanor.
(2) However, interference with visitation is a:
(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or
(B) Class A misdemeanor for a third or subsequent offense.
(c) It is an affirmative defense to a prosecution that:
(1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's:
(A) Belief that physical harm was imminent is reasonable; and
(B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;
(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;
(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or
(4) The act was otherwise authorized by law.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-26-501. Interference with visitation - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-26-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)