It can feel frustrating and outright disrespectful when your child’s other parent violates a custody or parenting agreement, especially if it is not the first time they have done so. It is important to protect your rights as a parent and also the well-being of your child. If your child’s other parent refuses to comply with the visitation order, it is important that you work with a knowledgeable Mountainside child visitation attorney for experienced representation and legal advice.
What if My Child’s Other Parent Refuses to Comply with the Visitation Order in NJ?
Although it can be extremely frustrating to deal with a parent who does not abide by the terms of the visitation agreement, the good news is that you have legal options available to you. The best thing you can do is begin gathering evidence and working with a skilled family lawyer to petition the court for enforcement of your order.
A hearing will be scheduled where both you and your child’s other parent will have the opportunity to present your sides of the case. If the court determines that there has been a violation, it can do a couple of things to penalize the other parent and enforce the terms of the visitation order.
What Are the Penalties for Violating a Visitation Order?
Both Rule 1:10-3 and 5:3-7 of the New Jersey Rules of Court can apply to this type of violation. Rule 1:10-3 allows the court to place the offending parent in contempt, which can yield penalties like fines and even jail time.
Rule 5:3-7 also provides additional remedies for individuals who have violated family orders, including parenting time. Some of these options include:
- Additional makeup time with the children
- Economic sanctions
- Modification of transportation arrangements
- Requiring the pick up and drop off of the children to be in a public place
- Counseling for the children or parents at the offending parent’s expense
- Temporary or permanent modification of the custody arrangement
- Community service for the offending parent
- Incarceration for the offending parent, with or without release for work purposes
- Issuance of a warrant that can be executed if another violation occurs
Visitation orders are court-ordered, meaning that they are legally binding and enforceable, not to mention that they were created with the best interests of the child in mind. When a parent violates the agreed-upon arrangement, they are not only infringing upon the other parent’s rights but are also disrespecting the court and potentially harming their child.
If your child’s other parent has violated the visitation order, it is important that you take action. Reach out to a skilled attorney today for more information.
