What Is a Separation Agreement?
Dealing with a co-parent who consistently fails to follow a court-ordered custody order can be incredibly stressful. If the terms of your agreement are repeatedly ignored, you should consider pursuing legal action to safeguard your parental rights. Keep reading to learn how to enforce a custody order in New Jersey and how a seasoned Bergen County Child Custody Attorney can help you obtain the best possible outcome.
What Are Actionable Custody Violations?
To determine the most appropriate course of action, it’s important to distinguish between minor breaches and actionable violations. A custody order violation occurs when a parent intentionally and repeatedly disregards the conditions of a legally binding parenting schedule. This means any conduct that disregards the terms of your agreement can be grounds for court intervention. Common actionable violations:
- Denying parenting time
- Withholding the child
- Relocating without court permission or parental consent
- Interfering with communication
- Making major decisions without consulting the other parent (in a joint legal custody agreement)
- Endangering the child during the parent’s scheduled custody time
- Missed or late exchanges
What Steps Should I Take?
If your ex refuses to abide by the custody arrangement, it’s crucial to take the necessary steps to protect your parental rights. Before you take legal action, it’s advisable to address the issue directly with your ex as long as it’s safe to do so. Their repeated failures may simply be a misunderstanding, a genuine emergency, or a scheduling mistake. Attempting to resolve minor, first-time violations outside of court is typically the right move, given that courts often look favorably on those who try to co-parent.
When you address the violation, it’s in your best interest to utilize written channels to create a paper trail. You should keep the conversation focused on the children; don’t attack your ex. Instead of calling them out for their failures, you should offer alternative solutions to make the agreement work.
If direct communication fails, it’s time to seek court assistance. To enforce a child custody order in New Jersey, you must file a formal Motion to Enforce Litigant’s Rights in the Family Court where your original order was issued with supporting documentation. The court can impose various penalties and remedies, including awarding compensatory parenting time, modifying the existing terms, making the violating party cover legal fees, or holding them in contempt of court.
If you believe your children are in imminent danger, don’t hesitate to contact local law enforcement.
At McNerney & McAuliffe, we are prepared to help you safeguard your parental rights and the best interests of your children. Connect with our dedicated legal team today to schedule your initial consultation.
