If your child’s other parent has violated the custody or visitation order, it is crucial that you understand how the terms can be enforced. Continue reading and consult with an experienced Bergen County child custody lawyer for more information and skilled legal advice today.
What Does Enforcement Mean in Family Law?
When it comes to family law orders and agreements like custody or alimony, enforcement refers to asking the court to ensure that both parties follow the order as it is written. Enforcement is taking legal action to compel an individual to comply with an existing order.
When one party fails to abide by the terms of a custody order, for example, the other party can request that the court take action to force them to comply. This process is crucial in family law as it ensures that court orders are followed and protects the other party from any unfair side effects of the violator’s behavior.
How is Custody and Visitation Enforced in NJ?
A custody or visitation order may need to be enforced if one party refuses to abide by the terms. For example, if one parent refuses to turn over the child at the scheduled time or location, blocks communication between the child and the other parent, shows up excessively late, refuses to take the child during their designated time, or ignores legal custody terms, it is considered a violation.
The first step in enforcing custody is to document all violations. Make note and collect evidence of every missed visit, attempts at communication, or other relevant information. You may be able to resolve the issue by communicating with the other parent or attending mediation sessions.
If that does not work, however, you can file a motion with the family court. In your motion for enforcement, explain the various ways that the other party has violated the custody order, provide evidence, and request that enforcement action be taken. New Jersey courts have several ways to enforce custody and visitation orders. Consider the following.
- A parent can be fined or ordered to pay for any costs resulting from their violations
- The court can require parents to attend counseling or parenting education courses
- Modifications can be made to the existing order to change transportation and exchange arrangements, or each parent’s rights and responsibilities
- The court can award compensatory time to a parent who missed out due to the non-compliance
- The parent can be charged with contempt and face jail time and legal consequences
When a New Jersey court creates a custody or visitation order, it is done with the best interests of the child in mind, as well as what is fair and reasonable for both parents. When one parent refuses to comply, it can have significant adverse effects on both the other parent and the child.
Understanding how to enforce custody is crucial in protecting yourself and your child. Reach out to an experienced attorney today for more information.
