Visitation or parenting time orders are created to provide each parent with clarity regarding the noncustodial parent’s rights and responsibilities to the child. When one parent violates the visitation order, however, it can result in serious consequences. For more information and to obtain skilled representation, contact a Bergen County child custody lawyer today.
What is a Visitation Order?
A visitation order, known more commonly as a parenting time order, is a court-issued arrangement that outlines the schedule and terms of when a noncustodial parent can visit and spend time with their child.
When one parent is awarded sole custody, the other may still be granted visitation rights to ensure they can continue building their relationship with their child. These orders can include details like the days and times of visitation, what can and cannot be done during those times, drop-off and pickup locations and times, and any other relevant information related to the visitation.
How Can a Visitation Order Be Violated?
As established, visitation orders include all relevant terms and conditions of the noncustodial parent’s rights and responsibilities for the child. Any time either parent deviates from these terms, it can be considered a violation. Below are some of the most common violations.
- Dropping off or picking up the child outside of the agreed-upon times
- Taking the child when they are not scheduled to be with that parent
- Refusing to allow the parent to visit
- Making important legal decisions on behalf of the child without the custodial parent’s approval
- Scheduling activities during the other parent’s visitation time
- Refusing to return the child
What Happens if a Parent Violates the Visitation Order in NJ?
If a parent violates the visitation order, it can cause the other parent and child serious distress and heartache. Whether the custodial or noncustodial parent was the offender, the other party can take action to resolve the issue.
If your child’s other parent violated the visitation order, you should gather evidence of their indiscretions and work with an experienced attorney to petition the court for enforcement of the agreement. A hearing can be scheduled where you and the other parent can present your cases.
If the court determines that the other parent violated the order, there are several avenues to make up for their actions and enforce the agreement.
First, the court could place the parent in contempt for violating a court order. This can result in fines and potentially jail time for the offending parent, as well as reimbursement for your legal fees.
Rule 5:3-7 of the New Jersey Rules of Court also pertains to this situation. This rule outlines remedies that the court can impose for a violation of a parenting time order, including:
- Compensatory time with the children
- Financial sanctions
- Modification of the visitation order and schedule
- Community service
- Incarceration
The above and more can all be issued by the court depending on the details of the situation. To learn more about your legal rights and options after a violation, consult an experienced family lawyer.
