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My ex husband has ignored our court order visitation for the past two weeks.

Parlin, NJ |

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?

Attorney Answers 3

Posted

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.

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13 comments

Asker

Posted

She has been staying where ever she can. My ex husband has a new girlfriend. They are drinking quite a bit and behaving inappropriatly in my daughters presence (having loud sex). He lives in a one bedroom apartment, there is no place for my daughter to go when they are partying. She attempted suicide and is failing in school. We where hoping she could hold on and finish the school year but the situation in getting worse. My ex husband is now planning on moving in with the new girlfriend. I am afraid something is going to happen to my daughter as she is out walking around late at night looking for a place to sleep. They live 3 1/2 hours away from me and he has threatened to have me arrested for kidnapping if I pick her up. I could go on with the horror stories but Im Sure you get the picture.

Asker

Posted

My ex husband has said on several occasions that my daughter will be coming back to me when the school year is over. When he is angry over something she has done he says she is not coming back. He constantly threatens her with never seeing me again especially when she refuses to interact with his girlfriend. I know he is of afraid child support. I told him I don't want any money, all I want is health/dental which he gets through his job. Is my daughter old enough to speak to the judge? She is the best expert witness for this situation. The original judge is no longer sitting for family court. Will I have a better chance with a new judge? She was not taken away from me. I let her go thinking she will get the "daddy is the greatest" out of her system and no longer torture me about the divorce. It's been two years now. They moved three times, he has had five girlfriends in and out of the house, CPS has been there at least five times and the police have been there three times over violent situations. They drive drunk with my daughter in the car and leave her alone for extended periods of time.

Yolanda Navarrete

Yolanda Navarrete

Posted

Yes she is old enough to speak to the judge. You should request this is your motion, which you should file as soon as possible. She should not be sleeping on the street. You should file for an emergency hearing.

Asker

Posted

How do I get her to,court without being in violation? If I go to the court on Monday will the judge speak with me? Will he force my ex husband to bring her to NJ?

Yolanda Navarrete

Yolanda Navarrete

Posted

You can go to court on Monday and ask for an emergency application known as "Order to Show Cause". You bring your evidence and also request he interview your daughter. You do not have to take her on that date. She can be available by phone.

Asker

Posted

Thank you. I will do what you said.

Yolanda Navarrete

Yolanda Navarrete

Posted

Good luck. Check my profile if you want to reach me directly.

Asker

Posted

I have to do something before my child ends up in a bad spot. The last time I tried to get her back the judge said there was no change in circumstance so he would not hear what she had to say. I think the circumstances have changed at this point and I am hoping the new judge will be willing to hear what we have to say. I will check out your site. Thank you again for your help.

Asker

Posted

Things have changed drastically since we last spoke. I went to court on Monday as you advised, I filed an emergency show of cause , I was given a return date of June 7. On Wednesday of this week my daughter attempted subside, she swallowed 4 benedryl. Her father did nothing about it. The next day at school word got out and she was taken to the hospital at the schools request. Her father refused to sign any treatment because he does not want to pay, no insurance. My daughter was seen by a psychiatrist who determined she was not at risk of harming herself unless she was released back to his custody. He was willing to release her to me. Her father refused to allow me to take her home. I called the court and explained what had happened, Jude Rivis agreed to see me this Monday. He also called her father and requested he appear.. The hospital has agreed to keep her until the court makes a decision. If the court does not transfer custody to me they Are going to recommend in patient care until an appropriate place is found for her to live. I have the original report from the psychiatrist who saw her in january after her first attempt at suicide that recommended therapy and medication, she has not gone because her father does not think therapy is helpful, and a letter from the school detailing her fathers refusal of treatment due to cost. I can not get the current hospital records until she is released, they can only be requested by the court. I am also going to apply for a law guardian when i go to court on monday. Your thoughts would be appreciated. Thank you.

Yolanda Navarrete

Yolanda Navarrete

Posted

I think you are on the right track, requesting a law guardian. I don't see why the court would not give child to you.

Asker

Posted

I was granted custody two weeks ago. My problem now is my child support is still being paid to him my ex husband automatically . I filed a motion to stop it but they said I had to wait for a hearing on July 19. Is there anything else I can do?

Yolanda Navarrete

Yolanda Navarrete

Posted

You need to wait for the hearing but if it is granted you will get it back from the date of filing the motion. Congratulations on getting custody.

Asker

Posted

Thank you. It's great to have her back.

Posted

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!

The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

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.
732-819-9100

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.

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