Custodial Interference: When Court Orders Aren’t Followed

Custodial Interference: When Court Orders Aren’t Followed


Custody Conflict


Parents wishing to protect their custodial rights can obtain a custody order from the court. Custody orders can grant parents rights to live with and/or make important decisions about their child. They can also specify if and when a non-custodial parent may visit with the child. Unfortunately, a court order can only provide legal protections for a parent’s custodial rights. The court can issue an order to grant a parent those rights, but enforcing that order is another story.

Enforcing Your Rights

Once you have a valid custody order in place, both you and the other parent must obey it. Failing to follow the order is considered interference with custody. Legally defined, interfering with custody occurs when a person takes or detains a child with the purpose of concealing that child with the intent to deprive that child’s parent or guardian of custodial or parenting time. In certain circumstances, this is also referred to as parental kidnapping or parental abduction. The person can be a parent, legal guardian or any other lawful custodian. When interference with custody occurs, you can enforce the order by taking the matter to court to have the custody order modified, which can limit the offending parent’s rights thereafter. In extreme cases, you can even call law enforcement if your child is being withheld from you. Repeated violations of a custody order can result in contempt charges, and the offender can face jail time, fines or even lose his or her custodial or parenting time rights.

If you have concerns about custodial interference, speak with an experienced attorney about how you can combat it. Remember, the first step to protecting your rights as a parent is to get a valid custody order. Once you have a valid order, you can take steps to enforce it if the other parent violates it. A skilled New Jersey child custody attorney can help you get a custody order in place so you can protect your custodial or parenting time rights. An attorney can also help you take steps to enforce your custody order if your rights are violated.


If you have questions about your custody case, the Williams Law Group, LLC can help you. Our skilled child welfare and child custody attorneys can advise you of your rights and help you take action against custodial interference. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.

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