Bear, DE asked in Criminal Law, Family Law and Child Custody for New Jersey

Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application will determine if interference occurred and will enter an order addressing it and determining what action should occur, which could include a provision authorizing and directing local law enforcement to assist you in the enforcement of the provisions of the court's order.

Procedural-wise, you should file the application in the court system where the judgment or order for custody and parenting time was entered even if you now live in another state because of the requirements of the UCCJEA - uniform child custody jurisdiction and enforcement act. The Act states that the court that entered the original order for custody and parenting time retains jurisdiction over the child even if a party relocated to another state - so long as one party remains in that original state. If the party who relocates wishes to transfer jurisdiction, that party is required to file an application with the original jurisdiction state asking permission to transfer jurisdiction to the new state and the other party has the right to oppose that request.

So, presumably, whatever state entered the original order for custody and parenting time is the state where you would file your application unless you have an order that transferred jurisdiction elsewhere - then you would file it in that state's court system.

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