Steps to Take When an Ex-Spouse Violates a Custody Order in New Jersey

One of the scariest moments in any divorce process can be when an ex-spouse knowing and willingly violates a custody order. Your ex-spouse may not be thinking clearly or acting maliciously— or may not even care about the law. Whatever their motivations, they may be placing your child in harm’s way.

What Does “Violating A Custody Order” Mean Specifically?

If the court has ordered certain rules regarding custody, that either set the perimeters of physical custody (where your child physically is to be, and/or resides) and/or legal custody (who makes decisions impacting your child, in regard to everything from their mental and physical health to their education to their religious upbringing), the court expects these orders to be followed— it is the law. If an ex-spouse violates an order— by, say, not respecting the boundaries of their parenting time, and refusing to return your child at the agreed upon time, or usurping your right to legal custody by granting the child something against your wishes— they may be in violation of a custody order.

And you have rights when your ex-spouse violates a custody order.

What Are The Steps To Take When An Ex-Spouse Violates A Custody Order?

• If you feel your children are in danger, immediately call the police. It should go without saying that the most important aspect of this is the physical and mental health of your child. Don’t delay in calling the cops if you think they can help in any way, or if you simply don’t know where your children are.
• Immediately contact an attorney at the O’Cathain Law Group Family Law Department. We’ve handled plenty of instances of ex-spouses not complying with court orders regarding custody and will fight on your behalf to make sure the court addresses this injustice.
• Bring any documentation pertaining to the violation of a custody order to your initial consultation with your family lawyer. That may include text messages, social media messaging, voicemails, etc. Make sure you specifically document the time and location of the violation, especially if these violations continue (i.e., a return of a child is consistently late with no regard for your or their time and well-being).

What Should I Expect, Working With My Family Law Team?

• We will work with you to file a motion with the court to compel them to enforce the existing custody order, or, if there is an emergency such as a co-parent taking your children on a day not awarded to him per the court order, we will file an emergency application with the court for the return of your children.
• Oftentimes the court will hold a hearing to determine if the custody order was in fact violated in its view, and we will fight for your rights in that hearing.

What Might The Court Do If They Determine A Custody Order Was In Fact Violated By Your Ex-Spouse?

The court has numerous options here, including but not limited to:

• Altering the drop-off and pick-up arrangements
• Contempt of Court (which will trigger other penalties)
• Counseling, if necessary
• Ordering compensatory time (i.e., ordering extra time with a co-parent)
• Leveling economic sanctions (more commonly known as monetary fines)

Awarding you counsel fees for the expense you incurred in bringing the violation of the court order to the court

And, if necessary, the court may even see fit to order a temporary or permanent modification of the custody order itself.

Don’t let your ex-spouse violate a custody court order— or your rights. This is precious time with your child. Move Forward with O’Cathain Law Group Family Law Department.