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 the other parent seeking enforcement actions, which can include fines, compensatory parenting time, modification of the current custody arrangements, and even jail time in serious cases. Courts in New Jersey, including Bergen County, take these matters seriously as they can not only impact the legal rights of a parent, but also the best interests of the child. 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 in New Jersey, 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.
As such, a parent may violate a visitation order any time they fail to follow a court-approved parenting schedule or interfere with the other parent’s legal right to spend time with the child. These violations can result in enforcement actions, which may penalize the non-compliant parent.
How Can a Visitation Order Be Violated in Bergen County?
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.
Common Visitation 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.
Court-Ordered Consequences for Visitation Violations
- Compensatory time with the children to make up for missed visits
- Financial sanctions and fines for the violating parent
- Modification of the visitation order and custody schedule
- Community service requirements
- Mandatory parenting classes or counseling
- Incarceration for severe or repeated violations
The above and more can all be issued by the court depending on the details of the situation.
How Is a Visitation Order Enforced in New Jersey?
In the event a parent fails to comply with a visitation order in Bergen County, the other parent has the right to seek enforcement of the court order through the family court system. Enforcement ensures that the court orders are strictly adhered to as a means of protecting not only the parents’ rights, but also the best interests of the child.
Steps to Enforce a Visitation Order
- Carefully document all violations, including dates, times, and missed visits
- Save test messages, emails, and call logs that document attempts to comply
- Seek resolution through communication or mediation when appropriate
- File a motion to enforce with the county court that issued the original order
- Present evidence of noncompliance
- Request specific enforcement actions and remedies
What Evidence Helps Prove a Visitation Violation?
Strong documentation is essential when seeking the enforcement of a visitation order. The court relies on clear and credible evidence to determine if a violation has occurred. As such, the court cannot simply rely on anecdotal evidence to penalize a parent for an alleged violation.
Evidence That Strengthens Your Case
- Written communications showing denied visitation
- Logs of missed exchanges, late drop-offs, or pick-ups
- Police reports, if law enforcement was involved
- Witness statements from those present during the exchange
- Records of past violations, showcasing a pattern of non-compliance
Contact an Experienced Glen Rock Custody Attorney Today
If you are dealing with issues regarding your current custody or visitation plan, it can be incredibly frustrating, while also serving as a significant disruption for your child. As such, it is in your best interest to connect with an experienced family law attorney with Feitlin, Youngman, Karas & Gerson, LLC. Our dedicated legal team is proud to represent those in Glen Rock, Paramus, Westwood, and the surrounding Bergen County communities. If you need assistance, contact our firm today to learn how we can represent you.
