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Interterence With Custody

Newark, NJ |

I have court ordered visitation on Saturdays 10am to 4pm. Four of the past five Saturdays, my son's mother has refused to allow me to have my son during these times. Today, I had to get the police to go to her apartment knock on her door to get my son and she was not home. According to the 2c:13-4a it is a crime for the person to knowingly block the other parent from seeing their child. My son is under 16, there is a court order for visitation in place, she removed him from my car, and acted knowingly it was a crime. This is the fourth time she violated court order she hasnt done her psych evaluation or parental classes ordered by judge on march 27 2013. I want her charged with contempt of court and prosecuted by judge for interference with custody also. How likely will it happen?

Attorney Answers 3


It depends on the entire history of this case as well as the judge. I do encourage you to move forward as you have some good facts to support your position. Proving your facts is very important. You should be filing a police report every time she interferes. Very often you need to stay on top of family courts in order for them to do their job. File for a temporary transfer of custody.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Every judge has a different tipping point, but they generally do not like to have their orders ignored. Whether you can have the mother charged with contempt is really up to the charge. As suggested by Ms. Navarette, I would continue pressing this matter with the judge, not only regarding your visits but the missed psych evals and parenting classes.

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You should file a Notice of Motion to Enforce Litigant's Rights. If she is violation of the prior Order, the Court will enforce the prior Order and possibly order sanctions and/or other penalties for interference with parenting time and violation of the Order. See the attached article for additional information pertaining to parent alienation to determine if this is also something to bring to the attention of the Court.

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