What Happens to a Parent who Violates a Parenting Plan?

When a parent doesn’t live up to their end of an agreement, it’s the children who are hurt the most

Divorce is tough on children. One way the courts have to help mitigate the difficult transitions that they face when their parents split up is the development of a parenting plan.

This plan is designed to protect children from conflicts between their parents by setting up a schedule of the time the child will spend with each parent.

Also included are each parent’s participation and decision-making in their child’s education, religious upbringing and medical care, as well as financial support.

In the best of all worlds, parents come together to develop and agree upon a plan rather than having the courts make the determination.

Once submitted to the courts, it is filed as an order.

Unfortunately, a parent may violate the agreement reached in a NJ parenting plan. What happens then?

Types of parenting plan violations in NJ that constitute contempt

Contempt of court is defined as disrespecting the judge, acting inappropriately in court, and in the case of violating a parenting plan, willfully violating a court order.

In these cases, contempt of court is used to force the offending party to comply with the order. Being held in contempt of court may stem from either an action or failure to act.

Common violations include:

      • Refusing to allow visitation
      • Trying to alienate a child against their other parent
      • Deliberately failing to return a child to the other parent at the agreed-upon time
      • Deliberately failing to return the child to the other parent at all
      • Intentionally concealing a child from the other parent

Contempt does not mean that, for example, a parent was unable to get the child back to their other parent on time because of a flat tire.

Contempt is reserved for acts that are intentional and, in most cases, done repeatedly.

Penalties that the court may impose

New Jersey courts have several remedies that they may choose to impose on a parent who violates a parenting plan.

Under NJ law, when “a party has violated an order respecting custody or parenting time, the court may order” the following penalties:

      • Compensatory time with children
      • Fines (economic sanctions), which may include “compensation for the costs resulting from a parent’s failure to appear for scheduled parenting time or visitation such as child care expenses incurred by the other parent”
      • Modified transportation arrangements
      • Payment for counseling that children (or the other parent) may require stemming from the violation of the parenting plan
      • Pick-up and return of the children in a public place
      • Temporary or permanent modification of a custodial arrangement when it is in the best interest of the children
      • Court-ordered community service
      • Possible incarceration

Find out more about compliance and violations of New Jersey parenting plans

To discuss your situation, please contact us online or call us at (732) 214-1103 to schedule a consultation with New Brunswick child custody attorney Steven Cytryn.

Steven M. Cytryn
About the Author: Steven Cytryn
Steven M. Cytryn is the Managing Member of The Law Office of Steven M. Cytryn, LLC, and primarily focuses his practice on divorce and family law matters.