What Happens if One Parent Violates the Custody Order?
In New Jersey, child custody matters are handled under two primary court dockets. The FM docket applies to dissolution matters, such as divorce and post-divorce issues, while the FD docket applies to non-dissolution matters involving parents who were never married but share a child in common and are now separated.
Regardless of whether a child custody order is entered as part of a divorce (FM), outside of marriage (FD), or through a later modification hearing, the Order is legally binding. Both parents are required to comply fully with its terms.
If your child’s other parent is failing to take your custody agreement seriously or is disregarding the court’s orders altogether, it’s time to consult with an experienced Marlton, NJ, child custody attorney at Weinberg, Kaplan & Smith, P.A.
Resolving the Matter between Yourselves
If you and your children’s other parent need a child custody modification that is based on a significant change in relevant circumstances, the court encourages you to negotiate mutually acceptable terms between yourselves. You are advised, however, to have trusted legal representation in your corner.
Finding common ground through mediation can lead to agreements the court is likely to uphold. Once an agreement is reached, it’s important to make it official with the court. Until the terms are formalized in a court order, the original arrangements remain legally binding. This means that if the other parent changes their mind in the future, you could be left unprotected under the law.
The State of New Jersey appreciates the importance of effective co-parenting, and one element of this is engaging in mutual decision-making that benefits your children. If you can resolve the child custody concern between yourselves, it’s generally best for the entire family, including your children. However, when your ex is unwilling to cooperate, speaking with an attorney can help you navigate the next steps.
Your Children’s Best Interests
In New Jersey, child custody and child support decisions are always made with the children’s best interests in mind. If your ex fails to follow the court’s orders, it can negatively affect the children and may lead to legal consequences your ex would likely want to avoid.
Common Child Custody Violations
There are many different ways to violate child custody orders, but some of the most common include the following:
- Withholding the visitation that the other parent was awarded by the court
- Refusing to return the children according to the set schedule
- Ignoring the set pickup or drop-off times or locations
- Engaging in parental alienation practices
- Refusing to allow the child to speak with the other parent
- Taking the children out of state or out of the country without consent
Your Legal Options
Consistency plays an important role in your children’s well-being, and this is especially true in the aftermath of a divorce. If your children’s other parent refuses to maintain the status quo by respecting the child custody orders, you have legal recourse. This includes filing a motion to enforce your parental rights, which requests that the court enforce your existing custody orders.
If your ex is willfully violating your child custody orders, they could face contempt of court charges. This can lead to the court emphasizing the importance of abiding by the orders through monetary sanctions or fines, awarding make-up parenting time to the aggrieved party, or even imposing jail time when called for.
Discuss Your Concerns with an Experienced Marlton Child Custody Lawyer
The formidable child custody attorneys at Weinberg, Kaplan & Smith, P.A., dedicate our impressive practice to helping parents like you effectively and efficiently resolve their child custody concerns. We’re on your side, so please don’t wait to contact us online or call us at 856-795-9400 today.