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Enforcing Your Custody Or Visitation Order

If your former spouse or partner is violating a Court Order by refusing to allow you to see your children there are many remedies available to the Court. Upon application to the Court, R. 1:10-3 provides relief to litigants, including sanctions and counsel fees, for failure of a party to comply with the terms of an order. Any sanctions under R. 1:10-3 are intended to be coercive and not punitive. Ridley v. Dennison, 298 N.J. Super. 373, 381 (App. Div. 1997).

In family actions, the court may also grant additional remedies as provided by R. 5:3-7. Under R. 5:3-7 (a), a Court may order the following when there is a violation of a custody or parenting time order:

1) compensatory time with the children;

2) economic sanctions, including but not limited to the award of monetary compensation for the costs resulting from a parent’s failure to appear for scheduled parenting time or visitation such as child care expenses incurred by the other parent;

3) modification of transportation arrangements;

4) pick-up and return of the children in a public place;

5) counseling for the children or parents or any of them at the expense of the parent in violation of the order;

6) temporary or permanent modification of the custodial arrangement provided such relief in the best interest of the children;

7) participation by the parent in violation of the order in an approved community service program;

8) incarceration, with or without work release;

9) issuance of a warrant to be executed upon the further violation of the judgment or order; and

10) any other appropriate equitable remedy.

If your former spouse or partner is violating the terms of a custody or parenting time order please contact our offices to set up an appointment so that we can discuss which options are available to you based on your situation.