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Due to a child's severe allergies to dogs, the parents' custody order provides that visitation does not start until the father provides proof that he no longer has dogs living in his home and that the house has been professionally cleaned. He has not yet provided the proof, but his first visitation is about to occur. Can the mother withhold the child based upon the father's failure to provide that proof?
If the order in fact provides that visitation does not start until after the proof is provided then, yes, she can withhold the child because visitation has not actually started. Even if the court anticipated that the father would comply by a specific date, if you accurately represent what the order says, dad still must comply with the dog and cleaning requirements by that date in order to start exercising visitation.