When a Custody Order Isn't Being Followed
A custody order is more than a suggested parenting schedule. Once a New Jersey court issues an order addressing custody or parenting time, both parents are expected to follow its terms. When one parent repeatedly misses exchanges, withholds parenting time, or makes unilateral decisions that violate the order, the resulting conflict can affect the entire family.
A single scheduling problem may sometimes be resolved through communication. More serious or repeated violations, however, may require legal action to ensure the existing order is respected and the child's best interests remain the priority.
Common Types of Custody Order Violations
Custody orders can address many aspects of parenting, from where a child lives to when each parent has parenting time. Violations can take different forms.
Common examples include:
- Withholding parenting time. One parent may refuse to allow the other parent to exercise court-ordered parenting time without a legally recognized reason.
- Repeatedly missing exchanges. A parent may consistently arrive late, fail to appear for exchanges, or otherwise interfere with the established schedule.
- Making unilateral decisions. Depending on the terms of the custody order, a parent may violate the order by making significant decisions about the child's education, healthcare, or other matters without the required involvement of the other parent.
- Ignoring communication requirements. Some custody orders establish specific expectations for communication between parents. Failing to follow those requirements can create additional conflict.
- Interfering with the other parent's relationship with the child. Actions that intentionally undermine court-ordered parenting time or discourage a child from maintaining a relationship with the other parent may raise serious concerns.
Not every disagreement between parents constitutes a violation of a custody order. The specific language of the existing order matters when determining whether enforcement may be appropriate.
Documenting Missed Exchanges & Communication Problems
If custody violations continue, documentation can become important. Keeping organized records can help establish what occurred and provide a clearer picture of an ongoing pattern.
Consider documenting:
- Missed parenting time. Keep a record of dates and times when scheduled parenting time did not occur.
- Late or missed exchanges. Note when a parent arrives late, fails to appear, or changes an exchange without agreement.
- Relevant communications. Preserve texts, emails, and other messages concerning parenting time or alleged violations.
- Attempts to resolve the problem. Keeping records of reasonable efforts to address the issue directly can provide useful context.
Documentation should be factual and focused on the circumstances rather than emotional commentary. Parents should also avoid using their children as messengers or asking them to document violations on a parent's behalf.
Filing a Motion to Enforce a Custody Order
When informal efforts do not resolve repeated violations, a parent may ask the court to enforce the existing custody order. In New Jersey, the appropriate legal procedure depends on the circumstances and the type of violation involved.
A motion to enforce may address issues such as:
- Repeated interference with parenting time. The court may be asked to address a continuing pattern of denied or disrupted parenting time.
- Failure to follow the parenting schedule. A parent may seek judicial intervention when the other parent repeatedly disregards the court-established schedule.
- Other violations of the order. The specific relief requested should correspond to the language of the existing custody order and the conduct at issue.
Because enforcement proceedings can have significant consequences, it is important to review the existing order and supporting evidence carefully before filing.
What Remedies Can a Court Consider?
The court's response will depend on the circumstances, the nature of the violation, and what is necessary to address the situation.
Possible remedies may include:
- Make-up parenting time. The court may consider additional parenting time when previously scheduled time was improperly denied.
- Additional court orders. A judge may clarify existing requirements or establish additional terms intended to prevent future violations.
- Counseling or other services. Depending on the circumstances, the court may consider measures intended to address underlying family or communication problems.
- Enforcement consequences. A parent who knowingly violates a court order may face legal consequences under applicable New Jersey law.
The appropriate remedy depends on the facts of the individual case. Courts generally seek solutions that address the violation while keeping the child's welfare at the center of the proceeding.
When Custody Violations Can Affect Future Custody Decisions
Repeated violations can sometimes become relevant beyond the immediate enforcement dispute. A parent's willingness to follow court orders and support the child's relationship with the other parent may be considered by the court when evaluating future custody-related issues.
This does not mean that every missed exchange will result in a change to custody. Courts consider the circumstances surrounding the alleged violation, including whether it was intentional, how frequently it occurred, and how it affected the child.
A pattern of conduct may become particularly important when a parent asks the court to modify an existing custody arrangement. The court may consider the parties' history of compliance and whether a proposed arrangement would serve the child's best interests.
Protecting the Child's Best Interests
Custody enforcement is ultimately about more than enforcing a schedule. Consistency, stability, and healthy relationships with both parents can be important components of a child's well-being.
Parents facing custody disputes should try to keep the focus on the child rather than allowing disagreements between adults to escalate. That means following existing orders, communicating appropriately, and seeking legal guidance when persistent violations cannot be resolved.
At the same time, parents should not assume they have to accept repeated violations simply to avoid conflict. A custody order provides a legal framework for parenting, and there are circumstances in which court intervention may be necessary to protect that framework.
Get Help with Custody Order Enforcement
When a parent repeatedly violates a custody order, knowing when and how to seek enforcement can make an important difference. Careful documentation, a clear understanding of the existing order, and appropriate legal action can help address violations while keeping the child's best interests in focus.
DeTommaso Law Group, LLC represents parents in family law matters involving custody, parenting time, and enforcement of court orders. If you are dealing with repeated violations of a custody order in New Jersey, we can help you understand your options, gather the appropriate documentation, and determine what steps may be available to address the situation.
Call (908) 274-3028 or contact us online to discuss your circumstances and your legal options.