What Should I Do if My Child’s Other Parent Violates the Visitation Order in New Jersey?

A visitation order, or parenting time order, is a court-issued order that outlines a noncustodial parent’s rights and responsibilities regarding time spent with their child. Any time either parent violates the visitation order, it can result in significant consequences and repercussions. To learn more about your rights and options, reach out to a Morristown custody & parenting time attorney today.

What Should I Do if My Child’s Other Parent Violates the Visitation Order in NJ?

If your child’s other parent violates the visitation order, they are infringing upon your rights and the rights of your child. It is important that you understand your legal rights and options for enforcement.

Your first step should be to obtain the help of an experienced family law attorney. Work with a lawyer to gather evidence of the violations, like photos, videos, written communications, and a description of the incidents, including dates and times.

With the help of your attorney, file a petition with the court for enforcement of the visitation order. A hearing will be scheduled where both you and the other parent will have the chance to present your side of the story, along with evidence and relevant information. Based on this hearing, the court will determine whether there was a violation or not.

What Are the Repercussions of Violating a Visitation Order?

If your child’s other parent is found to be in violation of the parenting time order, the court can impose one or more repercussions, per the New Jersey Rules of Court. First, because the visitation terms are court-ordered, the parent can be found in contempt. Contempt is a criminal offense and can result in fines as well as possible jail time. The offending parent could also be required to reimburse you for legal fees.

Rule 5:3-7 also describes a variety of “remedies” that the court can issue as a way to make the violations up to you, penalize the other parent for their behavior, and discourage them from further violations. As described under this rule, the possible remedies that can be imposed include the following.

1. Compensatory time with the children
2. Economic sanctions, including but not limited to the award of monetary compensation for the costs resulting from a parent’s failure to appear for scheduled parenting time or visitation such as child care expenses incurred by the other parent
3. Modification of transportation arrangements
4. Pick-up and return of the children in a public place
5. Counseling for the children or parents or any of them at the expense of the parent in violation of the order
6. Temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children
7. Participation by the parent in violation of the order in an approved community service program
8. Incarceration, with or without work release
9. Issuance of a warrant to be executed upon the further violation of the judgment or order
10. Any other appropriate equitable remedy

One or a combination of the above may be necessary depending on the details of the situation. To learn more about your rights and legal options, reach out to an experienced family attorney today.