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If you are a New Jersey parent whose ex-partner is not following your child's custody order, consider consulting an aggressive family law attorney. Court orders are put in place to protect children, and when that order is violated, action must be taken.
Let's explore what you should consider if your ex is not following your child custody arrangement.
Understanding When Enforcement Might Be Necessary
It can be difficult to determine when enforcement of a court order is necessary. Generally speaking, if your ex-partner has repeatedly or willfully violated the custody order—such as by refusing visitation or not paying child support—it might be time to consult with an attorney who can help you take legal action.
A qualified family law attorney will understand what constitutes a violation and how best to protect your rights as a parent. They can help you review your custody arrangement and determine the best course of action for court order enforcement.
Documenting Violations and Why It's Important
Keep detailed records of any violations that have occurred since the original court order was issued. These records should include dates and times and other relevant details, such as communication between parents or any witnesses who observed the violation taking place.
Documenting violations is important because it provides evidence that can be used to demonstrate why enforcement is necessary and why modifications may need to be made in the future. When your attorney submits a motion for litigant’s rights, they may need to provide evidence regarding how the court order is violated and why enforcement measures are needed.
What Are The Results Of Court Order Enforcement?
The result of enforcing a court order depends on what type of violation has occurred. In some cases, there may not even need to be an appearance in court; having your attorney write a letter to the violating party or simply filing an enforcement motion with the courts can often result in compliance from the violating party without further action being needed.
Other times, however, more serious actions must take place, and the violating party may face fines, jail time, or wage garnishment if support is not paid. The violating party will also be ordered to begin abiding by the terms of the child custody order or face further penalty.
Requesting Modification Of Your Active Custody Order
In certain situations, it may be necessary for you to request a modification of your active custody order due to changes in circumstances since its issuance. In these cases, it is important that you contact an experienced family law attorney so they can help guide you through this process and ensure that your rights are protected during any potential modifications that may take place.
While you might feel that you need a modification to your current custody order because of the court order violations, an attorney can guide you through if court order enforcement or a modification is best for your specific circumstances.
Strategic & Aggressive
Following your child's active custody orders is essential, especially as their custody order was deemed in their best interests by the court when awarded. If you find yourself in a situation where your ex-partner is violating your active custody agreement, it is important that you contact an aggressive family law attorney experienced in handling court order enforcement measures so they can help protect both you and your children’s rights going forward.
Is your ex not following your child's active custody arrangement? Schedule a consultation with a member of our team today by calling (908) 274-3028 to learn more about how we can help you resolve your custody matter. With over 125 years of combined experience, our attorneys know what it takes to help our clients reach their best possible outcomes.