How is Visitation Enforced in New Jersey if a Parent Refuses to Comply?
Child custody and visitation orders are legally binding in New Jersey, meaning that both parents are required to abide by the terms. When one parent refuses to follow the court-ordered schedule, it can cause emotional distress, disruptions in the child’s routine, and put a strain on the co-parenting relationship. The good news is that New Jersey law allows visitation to be enforced when one parent refuses to comply in order to protect the other parent’s rights and the child’s well-being. To learn more and secure skilled legal representation, read on and contact an experienced Morristown custody & parenting time attorney today.
What is Visitation?
Visitation, or parenting time, refers to a parent’s legal right to spend time with their child. When a custody agreement is made, a court-approved schedule can be created outlining when the child spends time with each parent, special or holiday schedules, school breaks, transportation arrangements, and more.
A parent could have scheduled visitation, supervised visitation, or even virtual visitation rights. This ensures that the child is able to maintain a healthy relationship with both parents, even if they do not live together.
How is Visitation Enforced in NJ if a Parent Refuses to Comply?
Custody and visitation orders are created based on the child’s best interests, so it is crucial that both parents adhere to the agreement. If one parent refuses to comply, it can be detrimental to both the other parent and the child involved.
If your child’s other parent has failed to comply with the visitation schedule, you should take a few different steps. First, document all missed visits, communication attempts, and information related to the violations. It is recommended that you attempt to communicate about the issue before seeking legal help. If the behavior continues, you may need to file a motion with the court.
File an enforcement motion with the court that issued the original order. Through this process, you can explain how the other party has violated the visitation schedule, provide evidence of each instance, and request that the court take action to enforce the order. The court can take several actions to enforce the visitation schedule, including:
- Award compensatory time to a parent to make up for missed parenting time
- Impose fines, including costs incurred by the filing parent, like child care expenses or legal fees
- Modify the custody or visitation schedule
- Require parenting classes or counseling
- Charge the parent with contempt of court
You should seek legal representation during this process to ensure that you follow proper procedures and complete all required documentation as expected. This is especially important after repeated visitation violations, attempts at parental alienation, or if there are safety concerns. Reach out to a skilled family law attorney today for more information.
