How Do I Co-Parent With an Ex Who Constantly Violates the Divorce Order?

For many, one of the most difficult parts of co-parenting isn’t coping with spending less time than typical with a child, but rather interacting with an ex-spouse. While some couples may remain civil, if not amicable, other couples may have a difficult time interacting. Unfortunately, you may find this reflects your circumstances if your ex-spouse consistently violates the divorce order, thus making co-parenting difficult. As such, the following blog explores what you should know about navigating these situations, including the importance of working with New Jersey family law attorneys to discuss your legal options.

What Counts as a Violation of the Divorce Order?

First and foremost, it’s necessary to understand what constitutes a violation of a divorce order in New Jersey. Generally, any time your spouse does not adhere to the terms and conditions of your divorce order or custody agreement, it can constitute a violation. The most common violations often include withholding parenting time, interfering with communications, refusing to share important information about the child, failing to pay child support, or even constantly changing the schedule last minute.

What Steps Can I Take if My Ex Always Violates the Order?

In the event your ex-spouse violates the divorce order imposed by the courts, it’s critical to understand how to proceed. While you may be tempted to retaliate, whether this is impending parenting time or refusing to let the child speak with the other parent, it is critical to ensure you abide by the conditions of the court order. Violating it, even after the other parent, can negatively impact your case.

Instead, you should document all violations as they occur. This includes keeping a detailed log of when the violation occurred, the nature of the issue, and any evidence you have to support the claim. You should note that it’s in your best interest to keep all communications written, as this can help provide important evidence to show that your ex is in violation of the agreement. As such, you should maintain a polite and professional tone when texting, emailing, or messaging your spouse.

Can My Ex Face Consequences?

When your ex violates the divorce order, taking the necessary steps to seek enforcement is critical. During this process, it is possible that your ex faces consequences for their refusal to adhere to the court order. As such, you can seek court enforcement for consistent violations of a court order by your spouse.

Generally, the first step in this process is to file a petition with the court, including all necessary evidence you have gathered to support your claims. If the court agrees and finds your ex in violation of the divorce order or custody arrangement, they will impose penalties. This can include ordering additional parenting time to compensate for late drop-offs, fines, and even mandatory parenting classes. In some extreme cases, such as if the court finds a parent is attempting to alienate the other parent or the child’s well-being is at risk, the court may modify the custody order.

When your ex-spouse refuses to adhere to the custody order imposed by the court, understanding your legal options is critical. In general, you’ll find that the best course of action is to immediately connect with an experienced attorney with Haber Silver Russoniello & Dunn. Our dedicated team understands how complex these matters can be to navigate, which is why we will do everything in our power to help you fight for the best outcome for your family. When you need help, our firm is here. Contact us today to learn more about your options.