Rahway, NJ asked in Child Custody for New Jersey

Q: there has been interference with custody and contact of my children by my exhusband. we have 50/50 what is my next ?

what is my next step with getting this rectified?

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: If you feel that your ex is not complying with the terms of your agreement or court order regarding custody of your children, then my suggestion is that you meet with a family law attorney to review the agreement / order terms and decide whether you want the lawyer to write a letter to your ex or whether you need to have the lawyer file an application with the court for relief.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Divorce Lawyer
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sure this is a stressful situation for you. I do not have enough information to give you a complete answer. What I can tell you is that if your ex-husband is not following the court order you can start by going to the police and making an "incident report" which documents how he violated the order so that you have a paper trail. You should do this as close to the time that he violated the order as possible. If he shows up unannounced then you can call the police and show them your court order that states that it is not him parenting time, likewise if he refuses to give the children back to you.

Keep in the mind the police will speak to both parties, but they will not force the children to go from one parent to the other; they will tell you to go to family court and file an enforcement motion.

The next thing you should do is consult with an experienced family law attorney who can give you advice tailored to your specific situation. The attorney can explain the process of filing an enforcement motion and evaluate your situation based on the information that you provide. Many firms, including mine, offer free consultations.

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