Q: Joint custody issue: Niece taken to Florida, not returned to NJ. What are my legal steps?

A: You need an experienced family law attorney to represent you since there are specific statutes in place to address this setting and potentially, this involves a "kidnapping issue. Getting an order out of the NJ court system is merely step 1 in the process. Presuming you apply correctly and the court enters an order in your favor, then the order needs to be domesticated in Florida and then presented to a Florida family part judge for that judge to enter an order of enforcement and have law enforcement assist in taking possession of your niece and handling her back to you to take back to NJ. It is not a simple application and the submission is not going to be a short 2-3 page certification to the NJ Court - which is why I suggested that this is not the type of issue for you to handle on your own. You might prevail on your own, but if you lose, the consequence's will be significant and you will not then be able to refile the application with a lawyer - the court will deny same, saying you already filed your application, and it was denied. You cant say then, I didnt know what I was doing when I filed it and now that im educated and hired a lawyer, ignore what I previously filed and start over - a judge will most likely not permit same.

A: Since you have both joint legal custody and physical custody under a New Jersey court order, that order controls where your niece is supposed to live. Allowing her father to take her to Florida for a visit was within your rights, but because there was no agreement or modification granting him physical custody, he is now in violation of the custody order by refusing to return her. His refusal does not create legal consequences for you—it creates a legal problem for him because he is withholding the child against the terms of the court’s custody arrangement.

Your next step should be to return to the New Jersey family court that issued the custody order and file an enforcement motion or an application for contempt. The court can then issue an order compelling her father to return the child, and in some cases may involve law enforcement in Florida to enforce the order through the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Because both New Jersey and Florida follow the UCCJEA, Florida authorities will honor the New Jersey custody order if the court directs them to do so.

If you are worried about immediate action, you can also notify local law enforcement in New Jersey about the violation and provide them with the custody order, although they will usually advise you to go through family court. The key point is that you acted lawfully, and the father is the one now out of compliance. By moving quickly through the courts, you protect your rights and make sure your niece is returned home before further complications arise.