Once a court puts a child custody order in place, the terms of that order are enforced by the New Jersey justice system. Accordingly, if the other parent fails to uphold their responsibilities or does not respect your rightful time with your kid, you have several options available to ensure your child’s best interests are protected.
However, before you attempt to enforce the order on your own, it is recommended that you consult with a dedicated attorney to assess your situation and identify the optimal course of action. Once you determine an appropriate strategy for your unique circumstances, one of our Livingston child custody enforcement lawyers could work diligently to either mediate the issue in private or seek legal remedies for non-compliance.
Refusing to take or give up custody of a child in accordance with a predetermined parenting schedule is the most obvious type of violation. However, there are other ways that a parent could fail to comply with a custody order. Besides disobeying specific instructions passed down by the court, a person could also commit a violation by acting in a way that counters the purpose of the order. In other words, anything that endangers the wellbeing of their child could constitute a custody order violation.
When a parent in New Jersey is granted custody over their child, they have a legal obligation to provide for their child’s needs and always act in their best interests. Accordingly, any of the following behavior by a co-parent could be grounds for legal action with the help of an experienced attorney:
A Livingston resident concerned about child custody violations by their co-parent should contact a knowledgeable attorney to pursue appropriate enforcement from the court authorities. In extreme cases, such as for suspected child abuse, parents should contact law enforcement as well.
Under New Jersey state law, there are two primary ways in which a court can enforce a child custody order. The first method is known as a “motion to enforce litigant’s rights,” as provided under Rule 1:10-3 in the Rules Governing the Courts of the State of New Jersey. This course of action is broadly applicable to various criminal and family court cases. It allows the court to punish non-compliance with fines, mandatory reimbursement of the litigant’s attorney fees, and potential imprisonment.
The second method, codified in Rule 5:3-7, is specific to family court cases. This action allows for “additional remedies” in response to the violation of custody orders, domestic violence restraining orders, or financial support orders for a child or spouse. Under this rule, a child custody enforcement lawyer in the area could help pursue the following potential remedies:
In extreme situations of custody non-compliance, fines, incarceration, and the issuance of an arrest warrant are also possible options.
If your former spouse or co-parent is not living up to their court-mandated duties, you have legal options for protecting your child’s best interests. Additionally, if your co-parent does not adhere to the parenting schedule established by court order, you could petition for significant sanctions and penalties against them.
In either situation, retaining a Livingston child custody enforcement lawyer could be key to securing a positive case resolution. To find out how legal counsel could help in your circumstances, call today.