I agree with you there.
It may depend on the judge, but I know of a few cases where the NCP has been refused visitation occasionally, and nothing was done about it. If it happens consistently, the mother gets a contempt of court and a fine. If the child is over 12, I think they legally have a choice. If they refuse to go with the NCP, and if they are not coerced by the mother in making that choice, then I don't think the courts can force them to go.
I'm going to guess that Dylan was either not given a chance to speak up, or chose not to tell the judge that he didn't want to go. Or maybe he wasn't all that upset over going in the first place.
One question in my mind is, did Elaine just develop these ideas that Mark might have done something to Dylan AFTER he went missing, or did she always have these fears? Reason I question that is, IF she thought all along that he was capable of this and thought Dylan's life was in danger, then why on earth did she put him on that plane? What is more important, risk having to go to court and possibly losing custody somewhere down the road.... or protecting your child from a potential death at the hands of his father, who you seem to despise?
I know which one I would choose. I would keep my child with me and go to court a thousand times and pay a fine every other week if it was necessary, to save my child's life. I am not criticizing or bashing her, it's entirely possible that she didn't know or wasn't told that Dylan had a say-so in these visitations. Or that these suspicions did not surface until he went missing. It could make a big difference.