How should I respond to a failure to comply with visitation rights?

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.