Alaska Statutes
Alaska Stat. § 11.51.125 (2026)
Failure to permit visitation with a minor
✓ current as of July 2026
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Sec. 11.51.125. Failure to permit visitation with a minor.
(a) A custodian commits the offense of failure to permit visitation with a minor if the custodian intentionally, and without just excuse, fails to permit visitation with a child under 18 years of age in the custodian's custody in substantial conformance with a court order that is specific as to when the custodian must permit another to have visitation with that child.
(b) The custodian may not be charged under this section with more than one offense in respect to what is, under the court order, a single continuous period of visitation.
(c) In a prosecution under this section, existing provisions of law prohibiting the disclosure of confidential communications between husband and wife do not apply, and both husband and wife are competent to testify for or against each other as to all relevant matters, if a court order has awarded custody to one spouse and visitation to the other.
(d) 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 child under 18 years of age;
(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.
(e) Failure to permit visitation with a minor is a violation.
(a) A custodian commits the offense of failure to permit visitation with a minor if the custodian intentionally, and without just excuse, fails to permit visitation with a child under 18 years of age in the custodian's custody in substantial conformance with a court order that is specific as to when the custodian must permit another to have visitation with that child.
(b) The custodian may not be charged under this section with more than one offense in respect to what is, under the court order, a single continuous period of visitation.
(c) In a prosecution under this section, existing provisions of law prohibiting the disclosure of confidential communications between husband and wife do not apply, and both husband and wife are competent to testify for or against each other as to all relevant matters, if a court order has awarded custody to one spouse and visitation to the other.
(d) 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 child under 18 years of age;
(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.
(e) Failure to permit visitation with a minor is a violation.
Notes of Decisions
Cited in 3
cases, 1996–2019 · leading case: Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019).
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “This evaluation is partly based on the existence of a separate offense of failure to permit visitation with a minor under AS 11.51.125. 35 But the elements of these two crimes differ greatly.”
Carter v. Carter, 470 S.E.2d 193 (W. Va. 1996). “See Alaska Stat. § 11.51.125 (Michie 1978); Ark.”
Susan M. v. Paul H., 362 P.3d 460 (Alaska 2015). “140 and AS 11.51.125 does not shed any light on what the legislature meant when it used the phrase "without just exeuse.”
— Alaska Stat. § 11.51.125(a) — 1 case
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “This evaluation is partly based on the existence of a separate offense of failure to permit visitation with a minor under AS 11.51.125. 35 But the elements of these two crimes differ greatly.”
— Alaska Stat. § 11.51.125(b) — 1 case
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “This evaluation is partly based on the existence of a separate offense of failure to permit visitation with a minor under AS 11.51.125. 35 But the elements of these two crimes differ greatly.”
— Alaska Stat. § 11.51.125(e) — 1 case
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “This evaluation is partly based on the existence of a separate offense of failure to permit visitation with a minor under AS 11.51.125. 35 But the elements of these two crimes differ greatly.”
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