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Enforcing Parenting Time Orders in NJ: What to Know?

When a co-parent prevents you from seeing your child, it can be devastating. Understanding your legal rights and seeking counsel are crucial to enforcing visitation and safeguarding your relationship with your child. Please continue reading as we delve into the immediate steps you can take and emphasize the critical importance of seeking guidance from a dedicated Ocean County Child Custody Attorney.

What Can I Do If My Ex-Won’t Let Me See Our Child?

When issues arise concerning visitation, immediately resorting to court action is often not the most effective solution, even if it is your initial thought. A more constructive approach typically involves improving communication with the other parent, and if appropriate, agreeing on modifications to your existing parenting plan. Mediation is frequently a beneficial option for parents needing help to resolve problems or disagreements related to their visitation schedules.

Can I Call the Police for Visitation Violations?

Generally, police intervention is usually uncommon and typically reserved for instances of criminal activity, such as parental kidnapping. In most cases, law enforcement is hesitant to get involved in disputes over visitation schedules or exchanges, as they are considered civil matters.

Law enforcement will normally advise parents to seek resolution through legal channels, such as filing a motion for contempt of court or requesting a modification of the original custody order. Nevertheless, a police report can serve as documentation of interference, which is valuable if you later pursue court enforcement.

What Are the Consequences of Non-Compliance?

If informal negotiations prove ineffective, you have the right to seek legal enforcement. Visitation interferences warranting legal action include repeatedly rescheduling, failing to return a child on time, and preventing communication between the child and the other parent. If this reflects your circumstances, an attorney can help you file a motion detailing the violations and requesting the judge to enforce the order. The court can order temporary or permanent changes to the parenting plan:

  • Compensatory parenting time for the parent who experienced a loss of time
  • Modifications to the existing parenting plan
  • Supervised visitation

The court can impose further penalties, such as ordering the interfering parent to:

  • Reimburse the other parent for attorney’s fees and court costs
  • Hold the other parent in contempt of court
  • Participate in parenting classes or counseling
  • Cover the cost of counseling for the child or the other parent
  • Pay any expenses incurred due to non-compliance

At the Law Office of Sarina Gianna, LLC, we are dedicated to ensuring children maintain stable and loving relationships with both parents. When a visitation agreement is not being followed, our legal team can provide the legal support needed to uphold your rights and prioritize your child’s best interests. Contact us today to schedule a consultation.