Blog

Custody & Parenting Time Orders – Sanctions for Violating

It is frustrating when the other parent constantly violates a clear Order governing custody and parenting time for my client.  New Jersey court rules and previous cases provide for a host of remedies to enforce a Court Order. For example, a court can award compensatory parenting time in the event an Order is not being followed. The court can order the violating party to perform community service. Or, the court can alter or expand the existing parenting time schedule, to name a few remedies.

A recent case, Brinkrode, gave some teeth to the remedy of sanctions against the violating party. The offending party neglected to abide by a reunification therapy provision in a custody and parenting time Order.  This followed by numerous enforcement Orders entered by the trial court.  The Appellate Division in Brinkrode resorted to monetary sanctions as a consequence to continued disregard for the court’s Orders.

The Court sanctioned the offending party $5 per day for a certain period of time.  The sanctions were in place until she cooperated with the reunification therapy process.  If that consequence did not motivate her to comply, an increased sanction of $100 per day was to be imposed.  It was the Court’s expectation that these monetary sanctions would force compliance.

The Brinkrode decision is an important tool to have in the toolbox when seeking enforcement of a prior Court Order. Cases that warrant monetary sanctions may also warrant an application for a change in custody to ensure parenting time is protected and complied with.

If you are experiencing difficulties with enforcement of a parenting time Order, please contact me at jlawrence@lawlawfirm.com.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
What Does Family Law Litigation Mean?

Before getting into what family law litigation means, it is helpful for readers to understand the general definition of litigation. Litigation is the process of addressing disputes by filing or answering a complaint through the court system. Consequently, a litigator is a trial lawyer who represents clients in a court of law. So, family law…

Read More
Blog
Protecting Personal Information in a New Jersey Divorce

  The basic presumption in New Jersey is that Court records are open to the public. This means that anyone can go into a New Jersey courthouse and review a divorce file of a relative, friend, or even a stranger. Before irreconcilable differences became a viable option as a cause of action for divorce, many…

Read More
Blog
Do NJ Child Support Guidelines automatically allow for an increase when my kid reaches a certain age?

Simply put, the answer is no. In New Jersey, there are no automatic increases in child support under the NJ Child Support Guidelines. The Case In a recent case, Dunigan v. Wilson, the New Jersey Appellate Division rejected the trial court’s decision to increase child support by 14.6%* because one of the children reached the…

Read More
Blog
Blended Family? Think about this

More than half of the families in the United States were formed by remarriages or re-coupling of relationships. Based on current statistics, half of all marriages in the United States end in divorce.  And, the average length of a marriage is seven years. With the ending of marriages, the subsequent remarriages or the forming of…

Read More
Blog
Equitable Distribution of Negative Equity

  The factors that must be considered by the court for purposes of determining equitable distribution of assets and debts acquired during marriage are identified in N.J.S.A. 2A:34-23.1. Items included for purposes of equitable distribution are: marital properties vehicles bank accounts stock options retirement accounts mortgages credit card debts automobile loans any other assets and…

Read More
Blog
Extreme Higher Earning Parent – No Increase in Support

  Child Support with an Extreme Higher Earning Parent – In a recent New Jersey appellate division case of Ianniello v. Pizzo, the appellate division upheld the trial court’s denial of the custodial parent’s request to increase child support.  The non-custodial parent was paying $10,000 per month.  The custodial parent sought a $65,000 per month…

Read More
Call Now ButtonCall Us