If your ex continuously violates your custody order, it is important to know that you have options to enforce the terms of the order. Continue reading for more information and consult with a knowledgeable Union County child custody attorney today.
What is a Custody Order and What Does it Do?
A New Jersey custody order is a legally binding document issued by the Superior Court of New Jersey. It formally establishes the legal and physical arrangements for the care, control, and raising of minor children after the parents separate or divorce. The purpose of a custody order is to ensure the child’s best interests are met, as determined by the court.
A typical NJ custody order addresses two main components:
- Legal custody: This determines which parent(s) have the right and responsibility to make major life decisions for the child, such as those concerning education, healthcare, and religious upbringing. In New Jersey, joint legal custody is common, meaning both parents often share these decision-making rights.
- Physical custody (parenting time): This establishes the physical residential schedule for the child, detailing where the child lives and when they spend time with each parent. The parenting time schedule is often specific, outlining pick-up/drop-off times, holidays, birthdays, and vacation schedules.
The order also helps prevent future disputes by providing clear guidelines that both parents must follow. A court can include specific provisions, such as restrictions on relocation or communication rules. Failure to adhere to the terms of a custody order constitutes a violation and can lead to legal enforcement actions.
How Can I Enforce My NJ Custody Order if My Ex Keeps Violating It?
One of the most effective ways to enforce a custody order is by filing a motion with the Superior Court. This motion, typically known as a Motion to Enforce Litigant’s Rights (or a Motion to Enforce a Parenting Time Schedule), officially alerts the court to your ex-partner’s non-compliance.
In the motion, you must detail the specific violations, like missed visitation, late drop-offs, or refusal to share medical records, attach copies of the existing custody order, and provide supporting evidence like texts or emails.
The court’s goal is always to prioritize the child’s best interests. If the judge finds a violation, they have several options under New Jersey Court Rule 5:3-7(a), which include:
- Compensatory parenting time: Ordering the violating parent to make up the time lost to the other parent.
- Monetary sanctions: Fining the violating parent or requiring them to pay the non-violating parent’s attorney fees.
- Custody modification: In severe or persistent cases, the court may modify the custody arrangement or parenting time schedule.
- Mandatory mediation or counseling: Requiring the violating parent to attend co-parenting counseling.
If it is safe and appropriate, attempting communication with your ex may help resolve major issues without resorting to court action. However, in instances of continuing violations, you may need to seek enforcement through the court. Reach out to a skilled attorney for more information and legal advice today.
