Visitation orders are enforced by New Jersey courts, so there can be significant repercussions and penalties for violating the terms of the agreement. If your child’s other parent refuses to comply with the parenting order, it is crucial that you understand your legal rights and options. Work with a Roxbury, NJ parenting time and visitation attorney for advice and representation during your case.
What is a Visitation Order?
A visitation order, more commonly known as a parenting time order, is a legal document that outlines a noncustodial parent’s rights and responsibilities regarding time spent with their child. Even when one parent is awarded sole custody, NJ courts recognize that children generally benefit from regular contact with both parents.
The visitation, or parenting time, order will set the terms and conditions for the noncustodial parent’s time with the child, including how often visits occur, their duration, rules for the time spent together, pick up and drop off times and locations, and more.
These orders are binding and enforceable by the court, so it is important that both parents adhere to the terms.
What Are the Repercussions for Violating a Visitation Order in New Jersey?
New Jersey courts acknowledge the importance of creating a custody arrangement that benefits the child above all else. When a parent violates the visitation order in any way, it shows disrespect for the court and can potentially harm the child’s well-being.
The New Jersey Rules of Court outline a variety of regulations that courts abide by and impose depending on the situation at hand. Two of these rules, 1:10-3 and 5:3-7, apply to a parent’s refusal to comply with a custody or visitation order.
Rule 1:10-3 covers the enforcement of court orders and allows litigants to seek relief when another party refuses to comply with an order. Judges can require the offending party to pay legal fees to the litigant and potentially place them in contempt, which can result in additional fines and even jail time.
Rule 5:3-7 governs additional remedies for violations of orders related to parenting time and other family matters. When the court finds that a parent has violated a custody or parenting time order, the court can impose a variety of remedies, including one or more of the following.
- Compensatory time with the children
- Economic sanctions
- A modification of transportation agreements
- Pick-up and drop-off of the children in a public place
- Counseling for the children or parents at the expense of the offending parent
- Temporary or permanent modification of the custodial arrangement, given that it is in the best interest of the child
- Participation by the offending parent in a community service program
- Incarceration, either with or without work release
- The issuance of a warrant that can be executed upon a further violation of the order
- Any other equitable remedy the court deems appropriate
Parenting time orders are created while prioritizing the child’s best interests, so when one parent decides to deviate from the terms, it can be damaging. These penalties are designed to compensate the other parent for the violations and discourage the offending parent from continuing the same behavior.
