What is a child visitation schedule?

A child visitation schedule is a legally established arrangement that determines when, where, and how a parent living separately from the child may meet, communicate with, and participate in the child’s upbringing.

The schedule may include:

• specific days for visitation;
• exact start and end times;
• the place where the child is picked up and returned;
• whether overnight stays are allowed;
• communication by phone or video calls;
• holidays and school vacation arrangements;
• the duties of each parent during the visitation process.

For example, a court may decide:
“The father shall have the right to communicate with the child every Saturday from 10:00 a.m. to 6:00 p.m., with the right to pick up the child from the mother’s residence and return the child by 6:00 p.m. on the same day.”

The more specific the schedule is, the easier it is to enforce. In family disputes, vague wording is the enemy. The court needs a clear plan, not “we’ll see how it goes” energy.

When is it necessary to go to court?

A parent may apply to court if the parents cannot agree on how the child should communicate with the parent living separately.

This usually happens when:

• one parent refuses to let the other parent see the child;
• phone or video communication is blocked;
• the child is turned against the other parent;
• meetings are constantly cancelled;
• the parents cannot agree on dates and times;
• the guardianship authority could not resolve the dispute;
• an existing arrangement is not being followed;
• one parent wants to officially establish a visitation schedule.

A court claim may be filed not only after divorce. If the parents were never married but paternity is legally established, the parent still has the right to request a visitation schedule.

Can the issue be resolved without court?

Yes. Parents may sign a written agreement on child visitation. The agreement may set out the days, times, location, holidays, school vacations, video calls, pick-up and return procedure.

If both parents follow the agreement, going to court may not be necessary.

However, if one parent refuses to comply or constantly changes the terms, it is better to establish the visitation schedule through a court decision. A court decision can be enforced if necessary.

What is the role of the guardianship authority?

Before filing a court claim, it is usually advisable to contact the guardianship and custody authority at the child’s place of residence.

The guardianship authority may:

• examine the living conditions of the parents;
• assess the child’s interests;
• speak with the parents;
• review the family situation;
• issue an opinion or recommendation;
• suggest a visitation schedule.

In court, the opinion of the guardianship authority is important, but it is not the only evidence. The court evaluates it together with all other documents and facts.

Which court hears this type of case?

A claim to establish a child visitation schedule is usually filed with the specialized interdistrict court for minors at the place of residence of the defendant.

For example, if the child lives with the mother in Almaty and the father wants to establish a visitation schedule, the claim is usually filed at the mother’s place of residence.

The claim should clearly state that the dispute concerns the rights and interests of a minor child.

What should be included in the court claim?

The statement of claim should include:

1. Name of the court.
2. Full details of the claimant.
3. Full details of the defendant.
4. Child’s full name and date of birth.
5. Information about marriage or divorce.
6. Information about where and with whom the child lives.
7. Description of the problem.
8. Evidence that the other parent is preventing communication.
9. Information about whether the guardianship authority was contacted.
10. The exact visitation schedule requested.
11. List of attached documents.

The most important part is to request a specific schedule, not just a general right to see the child.

For example:

• every Saturday from 10:00 a.m. to 6:00 p.m.;
• every Sunday from 11:00 a.m. to 5:00 p.m.;
• video calls twice a week via WhatsApp;
• at least two hours on the child’s birthday;
• several days during school holidays;
• holidays by prior agreement;
• pick-up and return at a specific address;
• return of the child by a specific time.

What documents are needed?

The following documents may be attached to the claim:

• copy of the claimant’s ID;
• child’s birth certificate;
• marriage or divorce certificate;
• documents confirming the child’s place of residence;
• application to the guardianship authority and its response;
• WhatsApp correspondence;
• screenshots showing refusal of visitation;
• audio, video or other evidence;
• witness statements;
• work schedule of the parent;
• documents proving safe conditions for the child;
• proof of payment of the state fee, if required;
• any other relevant evidence.

It is better to provide specific dates. For example:
“On May 10, 2026, May 17, 2026, and May 24, 2026, the defendant refused to allow the claimant to meet the child, which is confirmed by WhatsApp correspondence.”

Specific facts are much stronger than general statements.

What does the court consider?

The court focuses primarily on the best interests of the child, not on the emotional conflict between the parents.

The court may consider:

• the child’s age;
• the child’s health;
• the child’s daily routine;
• school or kindergarten schedule;
• the child’s attachment to each parent;
• the conduct of both parents;
• the level of conflict between the parents;
• the living conditions of each parent;
• the child’s safety;
• the opinion of the guardianship authority;
• the child’s opinion, depending on age and maturity.

If the child is very young or has not communicated with the other parent for a long time, the court may establish a gradual visitation schedule. At first, meetings may be shorter or take place in the presence of the other parent or another trusted person.

Can a father see the child if he does not pay child support?

Yes. Failure to pay child support does not automatically deprive a parent of the right to communicate with the child.

However, the court may consider this as part of the parent’s overall responsibility toward the child. A parent who asks for visitation should show not only the desire to meet the child, but also responsibility for the child’s well-being.

What visitation schedule can be requested?

A sample request may look like this:

The claimant respectfully asks the court to:

1. Establish the father’s right to communicate with the minor child every Saturday from 10:00 a.m. to 6:00 p.m.
2. Allow the father to pick up the child from the mother’s residence and return the child to the same address by 6:00 p.m.
3. Oblige the mother not to interfere with the father’s communication with the child.
4. Establish the father’s right to communicate with the child via WhatsApp video call every Tuesday and Thursday from 7:00 p.m. to 8:00 p.m.
5. Allow the father to meet with the child for at least two hours on the child’s birthday.
6. Allow additional communication during school holidays by prior agreement of the parties.

This is only a sample. The schedule should be tailored to the child’s age, health, routine, place of residence, and the level of conflict between the parents.

What if the court decision is not followed?

If the court establishes a visitation schedule but one parent continues to prevent communication, the other parent may apply to a private enforcement officer.

The enforcement officer may take measures to ensure the execution of the court decision. Repeated violations may also be used as evidence in future family law disputes.

Can the visitation schedule be changed later?

Yes. The visitation schedule may be changed if circumstances change.

For example:

• the child becomes older;
• the school schedule changes;
• one parent moves to another city;
• the parent’s work schedule changes;
• the previous schedule becomes inconvenient for the child;
• the child adapts to communication with the other parent;
• new safety concerns arise.

In such cases, a new court claim may be filed to modify the previously established visitation schedule.

Conclusion

Establishing a child visitation schedule through court is a legal way to protect the child’s right to maintain a relationship with both parents.

The key point is that the court does not simply decide which parent is “right.” The court determines what arrangement is safe, stable, and beneficial for the child.

A well-prepared claim, clear evidence, and a specific visitation schedule can significantly improve the chances of a positive court decision.

FAQ: Frequently Asked Questions

1. What should I do if the mother does not allow the father to see the child?

You should collect evidence: messages, screenshots, call history, audio, video, and witness statements. Then you may contact the guardianship authority and file a court claim to establish a visitation schedule.

2. Can parents agree on visitation without court?

Yes. Parents may sign a written agreement. If both parents follow it, court involvement may not be necessary.

3. Is it necessary to contact the guardianship authority first?

It is usually advisable. The guardianship authority reviews the situation and provides an opinion that may be important in court.

4. Can the court allow visitation without the mother’s presence?

Yes, if it is in the child’s best interests. If the child is very young or has not seen the other parent for a long time, the court may initially require supervised or shorter visits.

5. Can the father take the child to his home?

Yes, if the court finds that it is safe and appropriate for the child. The father should show that he has suitable conditions for the child.

6. Does the court consider the child’s opinion?

Yes, depending on the child’s age and maturity. However, the court also checks whether the child’s opinion was influenced by one of the parents.

7. Can the father see the child if he has child support debt?

Yes. Child support debt does not automatically cancel the right to communicate with the child. But the court may consider this when assessing the parent’s responsibility.

8. What if the parent still refuses visitation after the court decision?

The parent may apply to an enforcement officer for compulsory enforcement of the court decision.

9. Can visitation be completely prohibited?

Only if there are serious grounds showing that communication harms the child or creates a risk to the child’s safety.

10. Can the claim be filed online?

Yes. In Kazakhstan, the claim may be filed electronically through the “Court Cabinet” system, with documents attached in PDF format.