How Can I Enforce My Custody Agreement in New Jersey?

Going through a divorce is difficult for all parties that are involved in the process. This is especially so if there are children involved in the proceedings. When parents go through a divorce, they are required to determine the future of their children as well. This includes establishing custody to determine a custodial and non-custodial parent as well as where the child lives. While this may not always grant both parents equal time with their child, a non-custodial parent still has visitation rights. It is crucial that these custody agreements are upheld. In the event that one parent violates the agreement, the court can enforce it or impose certain consequences. 

Was My Agreement Violated?

There are many different ways that a parent can violate the custody arrangement they agreed to during a divorce. This can include the following:

• Refusal to adhere to the visitation schedule
• Taking the children without notice
• Disrupting the relationship with your children
• Making legal decisions without authority
• Harming the child through habits or choices

What Can I Do if My Agreement Was Violated?

When a custody agreement is violated and a parent wishes to notify the court, it is important that they have proof. In addition to this, there are certain steps that can be taken in order to enforce the agreement, such as:

• Record incidents of child custody violations (when, where, what was said, etc.)
• Voice your concerns to your co-parent to reach an amicable solution without legal intervention
• Speak with an experienced child custody and visitation attorney
• Modify the custody agreement if it no longer suits the co-parent’s schedule or obligations
• File a motion for contempt if you are unable to resolve the violations
• Contact the police in extreme cases of violations

How Can My Arrangement Be Enforced?

There are two main ways the New Jersey Rules of Court may enforce custody arrangements. Rule 1:10-3, also known as a “motion to enforce litigant’s rights,” may be seen in the form of a fine or possibly even incarceration. On the other hand, Rule 5:3-7 exists as “Additional Remedies.” This can include implementing the following:

• Compensatory time with the children
• Economic sanctions
• Modifying transportation arrangements
• Pick-up and return of the children in public spaces
• Counseling for children or parents
• Temporary or permanent modifications to the arrangement
• Participation by the violating parent in an approved community service program
• Incarceration
• Issuance of a warrant if violations continue

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.