Is there any laws about a parent alienation? I have tons of text refusing to let me see my kids, and I have voice mails from her threating me that if I come and try to take the kids she'll call the cops and I lost my kids because I won't to as she tells me to do. Then she went to court stating that I throw my kids around. She makes plans of my days and I don't get me kids. Do I have any kind of case against her? Is there really any law here in NJ because my take of family law here isn't very positive.
Did you present these texts to the judge? And if not, why not?
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Did the Court enter an order that gave you parenting time on specific days and times? If so, you can file an application with the court to enforce this order. There are other considerations to be made, however, before filing an application, such as the accusations made against you by your children's mother in Court. A brief consultation with an attorney might clarify the best approach for you. Many attorneys offer free consultations. You might also want to try mediation with your children's mother in an attempt to clear up the underlying reasons as to why she is restricting your parenting time. Some Judges will refer you to a service provided through the Court at no additional charge.
New Jersey may have legislation and likely has common law regarding alienation. However, that issue is normally dealt with in either the custody arrangement or parenting plan. You may want to file an action for contempt and present the texts and the rest of your evidence.
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New Jersey has a long history of entering/enforcing parent rights that are int eh child's "best interests". All of what you have going on affect the best interests and are something that a Court will want to consider. You should speak to an attorney who is familiar with parental rights/family law in order to plan a course of action to enforce your rights.
You can definitely file a motion to enforce your rights using the already approved parenting plan as well as the voice mails as well as making plans on your parenting days. There are conditions that the court can consider regarding parental alienation, although of course, it is often hard to prove that they have occurred unless you have strong evidence. You definitely need to schedule a meeting with a family law attorney to discuss your options.
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The other answers nail it, I only write to add that you should get in touch with a noncustodial parents' support group. It helps (on many fronts, emotional, legal, etc) to be in touch with others who have "been there" (and some who also "are there"): http://www.facenj.org
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
Issues of custody and parenting are governed by the “best interests of the child” standard. It is well-established public policy in New Jersey that the best interests of the child are served by having an active relationship with both parents, assuming that both parents are fit. Similarly, it is well-established that when one parent engages in a systematic and egregious pattern of parental alienation behavior, it is adverse to the child’s best interests and constitutes grounds for a family court judge re-evaluate custody and parenting. Custody litigation can be very complicated, especially because each case rests on its own unique facts. You should discuss the specifics of your case with an experienced family law attorney to learn what your rights are and how you can seek relief through the family courts.
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
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