When a parent refuses to comply with a court-issued visitation order, they can face a variety of legal repercussions. Continue reading and consult with a Sparta NJ child visitation attorney today for more information and legal advice.
What Should I Do if the Visitation Order is Violated?
If your child’s other parent refuses to comply with the visitation order issued by the court, you may be overwhelmed with anger and frustration. Whether the parent fails to pick the child up on time, rejects their visitation, refuses to return the child to you, puts the child in the custody of an unapproved individual, takes the child to a place or location without prior permission, etc, any violation can feel like a betrayal.
If your child’s other parent violates the visitation order, it is important that you gather evidence so you can approach the court with relevant information demonstrating their violations. Include details of the date, time, and description of the incidents, written communications between the two of you, and any other evidence that can help.
With the help of a family lawyer, petition the court for enforcement of your agreement
What Happens if A Parent Refuses to Comply With the Visitation Order in NJ?
After evaluating the details of your situation, the court may side with either you or the other parent. If they decide that there was no violation, there will likely be no changes made. However, there are several ways that the court can enforce the visitation order if a violation is evident.
The New Jersey Rules of Court outline several repercussions for individuals who refuse to comply with court orders. Rule 1:10-3 allows them to be held in contempt, which can result in fines and even incarceration. Rule 1:10-2 offers additional and specific remedies for violations of orders relating to parenting time and other family law matters. These remedies include the following.
- Compensatory time with the children
- 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
- Modification of transportation arrangements
- Pick-up and return of the children in a public place
- Counseling for the children or parents or any of them at the expense of the parent in violation of the order
- Temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children
- Participation by the parent in violation of the order in an approved community service program
- Incarceration, with or without work release
- Issuance of a warrant to be executed upon the further violation of the judgment or order
- Any other appropriate equitable remedy
If your child’s other parent has violated the visitation order, reach out to an experienced attorney to secure legal representation today.
