Holidays are one of the most emotionally charged times for separated parents. When both parties want to spend this special time with their children, disputes can easily arise, especially if one party refuses to adhere to the agreed-upon visitation schedule. Understanding how holiday visitation works in New Jersey is crucial to safeguarding your parental rights and avoiding future conflicts. Please continue reading as we explore the consequences of non-compliance with a visitation order and how our determined Monmouth County Child Visitation Attorneys can assist you.
What Does Holiday Visitation Mean in an NJ Custody Agreement?
First and foremost, it’s important to understand that in the Garden State, “parenting time” refers to the schedule that dictates when and how each parent spends time with their child. Parenting time, far from being a mere courtesy, is a legally protected right shared by both parents under N.J.S.A. 9:2-4, which mandates that all decisions prioritize the child’s best interests.
In New Jersey, courts generally operate under the premise that children thrive when they maintain robust relationships with both parents. Consequently, the majority of custody agreements integrate consistent parenting time arrangements, encompassing schedules like alternating weekends, weeks, or split weekdays, alongside distinct stipulations for special occasions like holidays, birthdays, and vacations.
A crucial point to note is that holiday visitation schedules supersede regular weekly schedules. This implies that even if your standard parenting time occurs every other weekend, your custody order might allot your ex a particular holiday, which then takes precedence over your usual schedule.
For instance, if your ex is designed to have Christmas this year, this holiday visit will replace your customary weekend visit if the two periods coincide. Conversely, in the following year, you might be granted Christmas, while your ex adheres to the regular weekend schedule. This structure is ultimately designed to guarantee that both parents receive equitable chances to commemorate significant events with their children as they grow.
What Should I Do If My Ex Violated a Holiday Visitation Order in NJ?
Once a parenting plan is approved by the court, it will become a legally binding order. This means that both parents are legally obligated to comply with the terms outlined in the order, including specific provisions for holidays. Failure to comply by withholding the child during a scheduled visit will be deemed a violation of a court order. The repercussions of this act may include:
- A motion to enforce parenting time
- Contempt of court charges
- Modification of custody or visitation rights
- Make-up holiday visitation
If your ex refuses holiday visitation, it’s advisable to enlist the help of an experienced attorney at Paone Zaleski & Murphy. Our legal team is prepared to help you understand your rights and protect your child’s best interests. Connect with our firm today to schedule a consultation.
