Few things are more frustrating than waiting in a parking lot for a custody exchange that never happens, or having your weekend cut short because your ex decided to sign the children up for a new activity without your consent.
If you live in New Jersey, you should know that a court-ordered parenting time schedule is a legal mandate, not a flexible suggestion. If your ex-spouse is refusing to follow the schedule, you are not powerless. Here is how you regain control and protect your bond with your children.
What counts as “parenting time interference”?
Interference is not always a total refusal to return a child. It often looks like:
- The “slow fade”: Repeatedly picking up children late or dropping them off early.
- Activity overloading: Scheduling sports or lessons during your time to keep you from the children.
- Technological blocking: Refusing to allow phone or video calls during the week.
Also, claiming the child is “sick” or “too busy with homework” every time it is your turn to parent can count as parenting time interference.
How New Jersey courts handle violations
If you file a Motion to Enforce Litigant’s Rights, a New Jersey Family Court judge has several options they can use to penalize the non-compliant parent:
- Makeup parenting time: The court can grant you extra time to compensate for the days you missed.
- Economic sanctions: Your ex may be ordered to pay for your attorney’s fees or the costs of wasted travel/childcare.
- Counseling or mediation: Requiring both parents to attend co-parenting classes.
- Modification of custody: If the interference is chronic, the judge may decide that the parent who is “gatekeeping” is no longer fit to be the primary custodian.
Some useful evidence to support this motion includes a detailed parenting log, witness statements and even apps like TalkingParents or OurFamilyWizard.
When legal action is necessary
If the interference is a “one-off” mistake, a firm letter from an attorney might solve the problem. However, if there is a pattern of behavior designed to alienate you from your children, you must act, talking to your lawyer so they can create a legal strategy that is fit to your situation.
