What Are My Options if My Ex Refuses to Comply With Visitation?

For many parents, the most difficult aspect of divorce is letting their child go with their other parent for extended periods of time. However, it’s important to understand that adhering to the court order is crucial. Unfortunately, however, if you find that your ex repeatedly violates the order in place, you may be unsure what your options are. The following blog explores what you should do if this represents your circumstances, and the importance of working with New Jersey child visitation lawyers to help you petition the court to enforce the orders they’ve implemented.

What Should I Do if My Ex Won’t Comply With Visitation?

When your ex-partner refuses to comply with the court-ordered visitation schedule, it can be incredibly upsetting. As such, it is vital to understand the importance of taking the necessary steps to best protect yourself and your child in these moments. You should begin by documenting all instances in which your ex violates the arrangement. This can include screenshots of them informing you that they will be late for pick-up/drop-off, capturing social media posts where they take your child out of state without first obtaining permission, or refusing to let you speak with your child while they spend time with the other parent.

It is imperative to understand that you should not attempt to retaliate or get revenge on your ex for their actions. This will only reflect negatively on you, and your actions could be held against you by the court. As such, you should continue to adhere to the visitation schedule as ordered by the court. If possible, you may want to try working the matter out with your ex-partner first. This can help you explicate your concerns and work out an agreement to remedy the situation outside of court.

However, if your ex is not receptive or it is unsafe to attempt to communicate with them, you should connect with an attorney to guide you trough the process of filing a motion in court to enforce the custody arrangement.

How Do the Courts Enforce This?

When you file a motion with the court because your ex-partner continually disregards the visitation order enacted by the court, you’ll need to submit the evidence you’ve gathered to show their repeated violations. Once the court reviews your petition, if it finds that your spouse has repeatedly violated the order, it will take steps to enforce the terms and conditions previously set.

Common ways in which the court can enforce an order include imposing fines against the non-compliant party. In some instances, they may even hold a spouse in contempt of court or charge them with perjury, both of which could potentially land your spouse in jail.

In drastic circumstances, the court may even alter the current visitation schedule to reduce the time the non-compliant parent has with the child or change it to supervised visitation to ensure that the terms of the arrangement are adhered to.

Regardless of your circumstances, it’s in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to help you fight for the best possible outcome for your situation. Our dedicated legal team understands how complicated this process can be, which is why we are here to guide you through these difficult and overwhelming matters. Contact us today to learn how we can assist you.