(a) When a court order is specific as to when a custodian of a minor child must permit another person to have visitation with that child, and the custodian fails, wilfully and without just excuse, to permit visitation with the child in substantial conformance with the court order, the person entitled to visitation has a separate cause of action against the custodian for damages.
(b) The amount of damages recoverable under this section is $200 for each failure of the custodian, wilfully and without just excuse, to permit visitation with the child for substantially the length of time and substantially in the same manner as specified in the court order. This amount may not be increased or decreased once liability has been established. The custodian is not liable for more than one failure in respect to what is, under the court order, a single continuous period of visitation. The prevailing party in an action commenced under this section is entitled to recover a reasonable attorney fee.
(c) 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 minor child;
(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.
Structure Alaska Statutes
Title 25. Marital and Domestic Relations
Sec. 25.20.010. Age of majority.
Sec. 25.20.020. Arrival at majority upon marriage.
Sec. 25.20.025. Examination and treatment of minors.
Sec. 25.20.030. Duty of parent and child to maintain each other.
Sec. 25.20.040. Maintenance and education of minor out of income of the minor's property.
Sec. 25.20.045. Legitimacy of children conceived by artificial insemination.
Sec. 25.20.050. Legitimation by subsequent marriage, acknowledgment in writing, or adjudication.
Sec. 25.20.055. Early acknowledgement of paternity program.
Sec. 25.20.060. Petition for award of child custody.
Sec. 25.20.061. Visitation in proceedings involving domestic violence.
Sec. 25.20.065. Visitation rights of grandparent.
Sec. 25.20.070. Temporary custody of the child.
Sec. 25.20.080. Mediation of child custody matter.
Sec. 25.20.090. Factors for consideration in awarding shared child custody.
Sec. 25.20.100. Reasons for denial to be set out.
Sec. 25.20.110. Modification of child custody or visitation.
Sec. 25.20.115. Attorney fee awards in custody and visitation matters.
Sec. 25.20.120. Closure of custody proceedings and records.
Sec. 25.20.130. Access to records of the child.
Sec. 25.20.140. Action for failure to permit visitation with minor child.