
Legal Q&A
Q
Views5,189
Even though there is a visitation schedule set by the court, the other party is not sending the child. The other party keeps repeating only the reason that the child does not want to go, and communication is not smooth. I would like to know what procedures I should take if the failure to comply with visitation rights continues.
failure to comply with visitation rights
Answer
Published:
Author : Kuk Il KIM
If a failure to comply with visitation rights occurs, you may respond through a compulsory procedure before the family court.
Visitation that has been confirmed by a court judgment or by mediation has legal effect, so if the other party does not comply with it, sanctions are available.
A response to non-compliance with visitation rights proceeds through the following stages.
1. Application for an order to comply
You apply to the family court for an order to comply, requiring the other party to observe the established visitation.
If non-compliance is recognized, the court orders compliance.
2. Imposition of an administrative fine
If the failure to comply with visitation rights continues even after the order to comply, the court may, within its authority, impose an administrative fine of up to 10 million won to apply economic pressure.
3. Application for indirect compulsory enforcement
You may consider an application for indirect compulsory enforcement, which orders payment of a set amount for each violation of visitation.
This is a means of drawing out voluntary compliance by placing a psychological and economic burden on the other party.
4. Review of a change of the custodian
If the failure to comply with visitation rights is repeated over a long period and there is a clear negative effect on the child's welfare, you may petition for a change of custody.
When the procedure is under way, securing materials that prove the non-compliance is important.
Accordingly, you should systematically organize and submit text messages, call records, records of schedule notifications, and the like.
Because a failure to comply with visitation rights is a matter of non-compliance with a court decision, it is necessary to select the appropriate procedure accurately and respond according to the situation.
For matters involving a failure to comply with visitation rights, Daeryun LLC comprehensively reviews the step-by-step procedures, from the application for an order to comply through applications for indirect compulsory enforcement and a change of the custodian, and establishes a response strategy.
If you are experiencing difficulties due to a failure to comply with visitation rights, we recommend that you review the legal procedures together with a divorce attorney so that your relationship with your child can continue stably.
Daeryun, ranked ninth among law firms in Korea (based on 2025 National Tax Service value-added tax filings), provides trust-based legal services.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

YeSum LEE
T. 070-7510-1044
Extensive Experience in Fair Trade and Criminal Cases· Attorney Specializing in Family/Fair Trade/Digital Forensics

SeongMoon CHOI
T. 070-5221-2805
Experience as Individual/Corporate Bankruptcy Trustee · Corporate Law/Corporate Rehabilitation and Bankruptcy Attorney

Soyeong GWAK
T. 070-5221-2805
Experience as Member of the Ministry of Gender Equality and Family Policy Advisory Committee · Divorce/School Violence Law Attorney
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0