Although your child’s wishes matter, New Jersey court orders for parenting time are legally binding. Letting your child choose if they want to go to visitation can be considered custodial interference. So, what should you do if your child doesn’t want to go to visitation?
New Jersey law requires parents to follow the current court order, even when a child doesn’t want to go. While most parents don’t want to force their child, they must follow court orders to avoid enforcement action. Here’s what else you need to know.
A Child’s Right to Refuse Visitation
A parenting time order is a court order, so a child can’t refuse visitation. The court sets the schedule, and parents are expected to follow the routine until the child turns 18. Teenagers can have strong opinions, but the existing order stands regardless of how they feel. Until a judge formally changes the parenting time arrangement, the child must go to visitation.
Consequences of Refusal
Your family can face legal consequences if your child refuses to go to visitation as ordered by the court. New Jersey expects parents to encourage and facilitate parenting time. If you repeatedly allow your child to skip visitation, the other parent can request enforcement action.
Consequences of visitation refusal can include makeup time, fines, and permanent changes to the custody arrangement. New Jersey courts maintain that children shouldn’t be responsible for making adult decisions and that parents have a duty to support the child’s relationship with both sides.
Encouraging Visitation with Reluctant Children
The good news is that courts don’t expect you to physically force your resistant child into visitation. Instead, courts expect a reasonable, good-faith effort to cooperate with the other parent. Calmly and consistently tell your child that they must follow the court order, have them ready at exchange times, and maintain a positive disposition toward the other parent to help.
The point is to never directly or subtly signal that you approve of your child’s refusal. Keep factual records of what happens, when, and why, with a short note including details. This can help you show you tried to comply despite your child’s apprehension. Documentation of a good-faith effort can protect you if the other parent claims custodial interference.
When to Take Refusal Seriously
A child can refuse to go to visitation for many reasons, but some may involve more than mood swings. Situations that demand a different response can include allegations of abuse or neglect and dangerous or hazardous environments at the other house.
If you suspect your child is in danger during visitation, contact the authorities to make a report and begin organizing your evidence. Consult a family law attorney immediately to determine your rights and responsibilities. Remember, refusals because of fear or evidence supported by doctors or therapists can help you prove your case in court.
New Jersey judges prioritize the best interests of the child, so credible safety concerns can justify adjustments to parenting time, supervised visits, or family counseling. The key is to raise your concerns through the proper channels rather than stopping visits without a court order.
Changing Visitation Orders in New Jersey
To modify parenting time in New Jersey, you usually must prove a substantial change in circumstances. You must also show that the change would be in your child’s best interests. A child’s persistent refusal can sometimes qualify but typically requires professional opinions to support it.
Courts can order family counseling, group therapy, or psychological evaluations before determining the outcome. Judges generally prefer to repair the parent-child relationship before permanently reducing parenting time. But filing a motion to modify can keep you on the right side of the law.
New Jersey courts don’t base visitation rights on a child’s wishes alone. They’re far more likely to adjust how parenting time occurs while the underlying problem is resolved. Contact Hand & Toker today to discuss your case and plan your next steps.
Alternatives to Ending Visitation
Cutting off a parent is often the last thing courts want to do. Depending on what’s causing the child to refuse, judges can order a gradual step-up schedule to help ease the child back into a routine. They may also enter a temporary order changing times or locations to reduce conflict. And in some cases, courts can even appoint a guardian ad litem or attorney to represent the child’s interests.
Court orders for visitation should reflect your family’s reality. It helps to have a lawyer frame the motion so the court takes it seriously. Reach out today to schedule your consultation with Hand & Toker.