Can I Refuse to Send My Child for Court-Ordered Visitation in New Jersey?

Unfortunately, divorce is often a highly-contentious period for everyone involved. If one parent has primary or sole custody, the courts may have ordered visitation to ensure they can maintain a relationship with their child. However, you may find that you do not like sending your child to see their other parent. Though you may disagree, there are very few legitimate reasons you can violate court-ordered visitation. Keep reading to learn what happens if you do not send your child for visitation and discover how a New Jersey custody and parenting time attorney can help you with any issues that arise.

Are There Any Acceptable Reasons to Refuse Visitation?

Generally, there are very few acceptable reasons to refuse to send your child for court-ordered visitation with their other parent. Unfortunately, you may not like having to spend a few days without your child, or you may not like the rules of their home. However, these are not valid reasons to prevent your child from seeing their parent.

However, if you believe your child would face immediate danger when visiting their other parent, you may be allowed to refuse to send your child to court-ordered visitation. This can include sexual, mental, emotional, and physical abuse, as well as neglect via abandonment or failure to ensure the child’s basic needs are met. However, you must provide evidence to the courts to supplement these claims.

What Happens if I Do Not Send My Child for Court-Ordered Visitation?

If you do not send your child for legitimate, valid reasons, you will likely face penalties. Withholding visitation for petty or malicious reasons will often result in the following consequences:

• Ordered make-up visitation time
• Community service
• Temporary or permanent adjustment of the visitation schedule
• Criminal charges for interfering with court-orders

As such, if you do not have a legitimate reason to withhold your child from visitation, you should avoid failing to send your child to spend time with their other parent.

Why Do I Need to Call My Attorney?

If you have concerns about your child’s safety while under the supervision of their other parent, it is imperative to contact an attorney as soon as possible. For example, you may have reason to believe your child is being abused because your ex-spouse is using illegal substances. An attorney can help you get to court to adjust your custody arrangement. The courts may order them to seek treatment and only allow supervised visitation in a public location.

When you need help, Lawrence Law is ready. We understand how stressful it can be if you believe your child is in immediate danger. As such, we will do everything possible to help your child while ensuring you take the proper legal steps. Our dedicated team will work with you to protect the best interest of your child. Contact us today to schedule a review.