My ex husband is the custodial parent. He is supposed to bring our 13 year old daughter to the court decided drop off point every other Friday. Last Friday he refused to bring her saying he has no money for gas and he is punishing our daughter because she won't except his new girlfriend. He said he would bring her this weekend. This weekend he said our daughter broke the screens In his house trying to get in when she lost her key. He has no money for gas because he has to fix the screens. He then called three ours later and left a message that he would be at the drop,off point in 1/2 hour. It takes 1 1/2 hours to get there. When I told him that was impossible for me he said he would not wait for me.. My daughter has slept in his house 2 times since Easter. What can I do to see my child?
Personal Injury Lawyer
You need to immediately file an order to show cause to enforce litigant'a rights and perhaps a transfer of custody. You should go to the police department in the area of pick-up and file a report every time he does not follow the court order. This will be submitted with your motion. He is not supposed to do this and he is in violation of a court order. He is also hurting the child.
What do you mean when you say your daughter has only slept twice in his house since Easter? Where has she been sleeping?
973-984-0800. Please be advised my answers to questions does not constitute legal advise 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.
From what you have described, it certainly seems that you have a basis to file a Motion to enforce litigant's rights and request that your ex-husband be required to comply with the present parenting time order. You mention that your daughter has only slept in his home twice since Easter - has she been staying with you? In that case, it may be appropriate to request a modification of custody as well. Please consider consulting with an experienced Family Law attorney who can discuss all of the details involved in your matter and advise you accordingly. The articles located at the link provided below may also offer some helpful information. Best of luck to you and your daughter!
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First, going forward you want to document any time that you are denied parenting time, i.e. contact the Police and secure an Incident Report.
Otherwise, to enforce your rights you need to file a Motion to Enforce Litigant's Rights. Within that Motion you should ask for any and all relief you may want to secure, i.e. make up parenting time. Prior to filing your Motion you should familiarize yourself with New Jersey Court Rule 5:3-7 (Additional Remedies on Violation of Orders Relating to Parenting Time, etc...).
If you would like to discuss you matter in greater detail, please do not hesitate to contact me.
Kenneth A. White, Esq.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.