Rule 27.Enforcement of visitation
Section III. Provisions Applicable to Domestic Relations Actions · Last verified September 4, 2026
Full Text of Rule 27
Plain-English Summary
Rule 27 is designed for a parent without a lawyer, and it runs in both directions.
Two symmetrical grievances
Where the custodial person fails to comply with the visitation provisions of a family court order, the non-custodial person may ask the court — by pro se affidavit — for a hearing to determine whether the custodial person should be held in contempt or the visitation provisions should be modified.
Where the non-custodial person refuses to return the child at the end of a visitation period, the custodial person may ask, by the same pro se affidavit, for a hearing on contempt and for an order requiring return of the child.
What the clerk does
On such a request the clerk of court shall issue a rule to show cause and shall attach the pro se affidavit and a copy of the visitation order allegedly violated, directing the other person to appear at a specific time and date.
- the hearing is scheduled within thirty days of the date the affidavit is filed;
- the rule has the same force and effect as a rule to show cause issued by a judge; and
- the petitioning person is responsible for the arrangements and costs of serving the rule, affidavit and order.
Like Rule 24, this is one of the two exceptions Rule 14(b) makes to the requirement that a judge issue a rule to show cause.
Modification without a separate action
Subsection (d) is the provision that makes Rule 27 more than a contempt route. If requested in the pro se affidavit or at the hearing, the court may include in its final order a provision modifying the terms of visitation if the best interests of the child would be served.
That is a real departure. The court's own Note to Rule 14 explains the general principle — a request to modify support belongs in a separate action commenced by summons and complaint — and then points to Rule 27(d) as the place where a visitation enforcement proceeding may end in modification instead. The condition is the child's best interests, and the request must be made either in the affidavit or at the hearing.
Frequently Asked Questions
How do I enforce visitation without a lawyer?
Rule 27(a) allows the non-custodial person to ask the family court, by pro se affidavit, for a hearing to determine whether the custodial person should be held in contempt or the visitation provisions should be modified.
What if the child is not returned after visitation?
Rule 27(b) allows the custodial person to ask the family court, by pro se affidavit, for a hearing on contempt and for an order requiring return of the child.
How quickly is the hearing held?
Rule 27(c) requires the hearing to be scheduled within thirty days of the date the pro se affidavit is filed.
Who arranges and pays for service?
Rule 27(c) makes the petitioning person responsible for the arrangements and costs of serving the rule, affidavit and order.
Can visitation be changed in this proceeding?
Yes. Rule 27(d) allows the court, if requested in the pro se affidavit or at the hearing, to include in its final order a provision modifying the terms of visitation if the best interests of the child would be served.
Does a judge issue the rule to show cause?
No. Rule 27(c) has the clerk of court issue it, and gives it the same force and effect as a rule to show cause issued by a judge. Rule 14(b) makes this one of its two exceptions.