When a custody order is in place, visitation schedules are legally enforceable. However, issues can arise if one parent does not adhere to the agreement, such as canceling visits, disrupting the other parent’s time, or engaging in parental alienation. Please continue reading as we explore the process of enforcing visitation orders in New Jersey, provide available legal remedies, and advise on when to seek assistance from our dedicated Monmouth County Child Visitation Attorneys.
What Should I Do If My Ex-Won’t Let Me See My Child?
When a parent is denied visitation, it can be a frustrating experience. Knowing the immediate steps to take can help protect your rights and your child’s best interests. If your ex refuses to let you see your child, it is crucial to keep detailed records of every missed visitation and communication. New Jersey courts rely heavily on documentation when determining whether a parent has violated a visitation order.
As challenging as it may be, it is crucial to remain calm and refrain from retaliatory actions. Reacting impulsively can negatively impact your legal case and potentially jeopardize your child’s overall well-being. A polite written request may resolve misunderstandings or temporary issues through clear communication. This also establishes a formal record should further legal action become necessary.
When Can I File a Motion to Enforce Visitation?
If informal efforts prove unsuccessful, judicial intervention may become necessary. It is important to note that a visitation interference occurs when a parent obstructs the other parent’s court-ordered parenting time. This may involve direct actions, such as refusing to return the child after visiting, consistently rescheduling parenting time, or influencing a child to decline visits. These actions constitute contempt of court and are addressed seriously by the court.
To enforce parenting time, you can file a motion detailing the violations and request the court’s intervention. Enlisting the help of a qualified attorney will ensure that your motion complies with court procedures, that your evidence is presented effectively, and that your parental rights are protected, particularly in situations involving repeated or serious violations.
What Can a Judge Do to Enforce Visitation Orders?
New Jersey courts possess various mechanisms to enforce compliance and protect a child’s relationship with both parents. The court can order make-up parenting time in which the parent who violated the order to provide additional visitation to make up for lost time. They can also order the non-compliant parent to pay fines, sanctions, and other costs incurred due to the violation, including the other parent’s legal fees.
Furthermore, the court may opt to modify the existing order in favor of the cooperative parent. The court can hold a parent in contempt for willfully disregarding a court order, which carries harsh penalties. In extreme cases, they can require all future visits to occur under the supervision of a third party.
If your ex refused to comply with a visitation order, please don’t hesitate to contact an attorney at Paone Zaleski & Murphy. Our legal team is prepared to help protect your rights and interests. Contact us today to schedule a consultation.
