Your parenting time is not a suggestion or friendly request. It’s an official court order that, if not followed, could trigger contempt charges or other legal consequences. So, how can you enforce the court order and start seeing your child again? Keep reading.
Steps to Enforce Parenting Time Orders in New Jersey
There are strategic steps you can follow to ensure your parental rights are being honored. Step one is knowing what your visitation order says. Read it carefully to determine the days, times, and exchange details you’re both supposed to follow.
If you understand and follow your end of the parenting time agreement, then it becomes much easier to show a judge where and how the other parent deviated. And if your order is vague, it’s worth consulting a family lawyer to help make it clearer.
Step 2: Write Down Everything
Keep records of every missed visit with your child and give that information to your lawyer to show the court. Write down the date, the scheduled time, what happened, and what the other parent did or said that went against the current order. Note any instances where you showed up on time, but they didn’t. Don’t exaggerate, don’t fabricate.
Step 3: Communicate with the Other Parent
You’ll want to record exchanges with the other parent as well; that way, the judge can see you made a reasonable effort to resolve parenting time issues outside of court. If it’s safe, send a calm message expressing your concerns and suggestions for resolution. You can also suggest mediation to clear up scheduling issues or other discrepancies before escalating.
NOTE: If you have reason to believe your child is in danger or being kept from you on purpose, skip the back-and-forth and seek legal help immediately.
Filing a Motion to Enforce Litigant’s Rights
The next step after attempting to communicate or mediate is filing a motion to enforce parenting time rights in New Jersey. This petition asks the judge to compel the other parent to follow the order as written and to add legal consequences for breaking it.
NJ judges can order make-up parenting time and replace what you lost or force the other parent to pay your court costs and attorney fees. They can also change the pick-up and drop-off arrangements or require family counselling for one or both of you. And in some cases, judges can impose fines to pressure the other parent into compliance.
The point of these measures is to enforce court-ordered parenting time, not just to punish non-compliance. Hand & Toker Family Law can help you ask for the remedies that suit your family’s situation.
When Refusal Becomes a Crime
Most parenting time refusals are handled as civil matters in a New Jersey family court. That’s why law enforcement can’t do much to help you when you call. However, if a parent takes, hides, or refuses to return your child to deprive you of parenting time, that’s a serious crime called interference with custody.
If you have reason to believe your child has been taken, concealed, or put in danger by the other parent, treat it as an emergency. Seek legal help right away, and don’t wait for your next court date to act. Book a free consultation now to get started.
What Not to Do
It may be tempting to seek revenge for the pain you’ve experienced, but don’t try to get even. Cutting off child support to strike back will only start legal battles that cost time and money. Child support and parenting time are separate issues in New Jersey, meaning you still owe support even if the other parent is denying parenting time.
Don’t retaliate by keeping your child for longer than your order allows. And don’t attempt to take them outside scheduled times to even the score. If your current parenting time arrangements aren’t working, ask the court to change it. Don’t ignore it, don’t try to change it on your own, and don’t let the other parent dictate your relationship with your child.
You shouldn’t have to beg to see your own kids. But let the court be the one who holds the other parent accountable for their actions. Consult a New Jersey child custody lawyer for the help you need.
How to Get Started
Your family is unique, and your situation is unlike anyone else’s. However, the family court system can be tricky to navigate, even for those with relatively standard cases. The right move depends on what your order currently says, your history, and how bad the interference has gotten.
Hand & Toker Family Law can look at what’s going on, tell you where you stand, and map out the best path back to your children. A bad pattern should never harden into a new normal. Reach out now, and let us help you take back what’s yours.