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.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
The Advantages of Divorce Mediation

Reasons to Choose Divorce Mediation Over the Alternatives According to some sources, nearly half of all marriages in the U.S. end in divorce. Mediation results in a positive resolution in as many as 80% of all cases. Many divorce lawyers recommend mediation if possible because there are many advantages to this approach, including saving time…

Read More
Blog
Dealing With Taxes During Your Divorce

Planning for the Tax Aspects of a Divorce While divorce can be a challenging experience personally, emotionally and practically, the financial effects are some of the longest-lasting changes. Not only do you need to manage asset division and the resulting change to both parties’ finances, but you may also find it challenging to adjust to…

Read More
Blog
Is a Prenup or a Trust Better Advance Preparation for Divorce?

Prenup or a Trust? – Divorce-Proofing Your Assets When people in New Jersey decide to marry, they may not want to think about divorce. However, with more people marrying later in life, with established careers, as business owners or as parents of children from prior relationships, there are many good reasons to engage in financial…

Read More
Blog
Preparing for the Realities of Divorce

Meeting the Challenges of Divorce Dealing with an unhappy marriage can be painful and difficult. Whether there are severe conflicts or simply a growing apart over time, divorce is always challenging on personal, emotional and financial levels. While spouses in New Jersey know that divorce is a significant undertaking, it can be more difficult than…

Read More
Blog
How Can Divorce Affect Your Medical Practice?

How to Deal With Your Medical Practice in a Divorce New Jersey doctors going through a divorce may have particular concerns about how the end of the marriage will affect the future of their medical practice, especially as any private practice is typically a closely held business. Much like other business owners, physicians may worry…

Read More
Blog
What Documents Do You Need for Your Divorce Legal Consultation?

Documents to Give Your Divorce Attorney If you are considering a divorce in New Jersey, it is important to prepare the documents that you need to share with your family law attorney. While the decision to end a marriage may be deeply personal and emotional at its core, divorce is a legal and financial process…

Read More

Disclaimer and information can be found here, including links to descriptions and selection methodologies. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Call Now ButtonCall Us