Introduction
For separated or divorced parents in Bergen County, New Jersey, navigating co-parenting responsibilities is challenging enough without the added stress of parenting time interference. Sadly, many parents find themselves facing situations where the other parent refuses to honor a family court-approved parenting schedule, cutting off access to their child and violating legally binding family court orders.
Whether you reside in Hackensack, Teaneck, Fort Lee, Paramus, Ridgewood, or anywhere else in Bergen County, understanding your legal rights and practical next steps is essential. This expanded guide dives deep into the legal remedies, practical strategies, and enforcement options available under New Jersey family law.
Why Parenting Time Is Legally Protected in New Jersey
The New Jersey legal system recognizes that children benefit most when they maintain consistent, meaningful relationships with both parents, provided those relationships are safe and nurturing. Parenting time orders are designed to protect these relationships by clearly defining when each parent is entitled to be with the child.
Violating these orders undermines not only the other parent’s rights but also the child’s well-being. That’s why withholding parenting time is treated as a serious legal violation in Bergen County Family Court and throughout New Jersey.
The Different Forms of Parenting Time Violations
1. Failure to Deliver or Return the Child as Scheduled
- Ignoring drop-off or pick-up times.
- Keeping the child beyond the agreed-upon schedule without consent.
2. Refusal to Allow Contact During Scheduled Parenting Time
- Not answering calls or messages during the other parent’s scheduled time.
- Blocking video chats or virtual visitation.
3. Excuses and Manipulation
- Claiming the child is “sick” without medical documentation.
- Telling the child they don’t have to go.
- Using extracurricular activities to avoid scheduled time.
4. Using the Child as a Go-Between
- Forcing the child to communicate cancellations or changes.
- Putting emotional pressure on the child to “choose sides.”
5. Making Unilateral Changes
- Changing the schedule without mutual agreement or court approval.
Why Parents in Bergen County Must Take Action
Ignoring repeated parenting time violations can set a dangerous precedent, signaling to the other parent that they can continue these behaviors without consequence. More importantly, your child suffers the most when their relationship with you is disrupted.
Taking action sends the message that you are committed to protecting your bond with your child and upholding the law.
Practical Steps Before Filing in Court
1. Document All Violations
- Keep a parenting time journal noting dates, times, and descriptions.
- Save text messages, emails, or voicemails as evidence.
- Gather witness statements if someone else observed the violation.
2. Communicate in Writing Only
- Stick to written communication to avoid “he said, she said” conflicts.
- Be calm, respectful, and factual.
- Focus on what is in the child’s best interest, not personal grievances.
3. Avoid Taking Matters Into Your Own Hands
- Do not withhold child support in retaliation.
- Do not deny the other parent their own scheduled parenting time.
- Do not involve your child in adult disputes.
Legal Remedies Available in Bergen County Family Court
Filing a Motion to Enforce Litigant’s Rights
If informal attempts fail, the next step is filing a Motion to Enforce Litigant’s Rights at the Bergen County Superior Court – Family Division.
What You Can Request:
- Make-up parenting time to recover lost time.
- Fines or monetary sanctions against the violating parent.
- Attorney’s fees reimbursement if you have legal representation.
- Contempt of court penalties for serious or repeated violations.
Filing for Emergency Relief
If the situation involves serious interference, such as the other parent fleeing with the child or refusing to return them, you may file an Order to Show Cause seeking emergency court intervention.
What Happens at the Enforcement Hearing?
At the hearing, the judge will:
- Review the evidence you present.
- Listen to both sides.
- Determine if a violation occurred.
- Decide on appropriate remedies, which may include:
- Ordering make-up parenting time.
- Imposing fines or other penalties.
- Requiring parenting classes or counseling.
- Modifying the parenting schedule if appropriate.
Long-Term Solutions to Prevent Recurring Violations
1. Request a More Detailed Order
If the current parenting order is too vague, request that the court clarify the schedule, including:
- Specific times and locations for exchanges.
- Holiday and vacation schedules.
- Virtual parenting time requirements.
2. Use Parenting Communication Tools
Apps like OurFamilyWizard or Talking Parents help:
- Document all communication.
- Track missed or denied visits.
- Provide a shared calendar.
3. Seek Co-Parenting Counseling
Sometimes, underlying communication or trust issues cause conflict. Court-ordered or voluntary co-parenting counseling may help both parents refocus on the child’s needs.
Frequently Asked Questions (FAQs)
1. What qualifies as a parenting time violation in New Jersey?
Any act that intentionally denies, restricts, or interferes with your court-ordered parenting schedule.
2. Can I stop paying child support if the other parent withholds parenting time?
No. Parenting time and child support are separate legal obligations.
3. How can I prove the other parent violated the order?
By documenting incidents with:
- Written communication records.
- Witnesses.
- Notes detailing what happened.
4. Can I file on my own or do I need an attorney?
You can file on your own, but having a Bergen County family law attorney can help strengthen your case.
5. What if my child says they don’t want to visit me?
The other parent must encourage parenting time. They cannot use the child’s refusal as a legal excuse.
6. What penalties can the court impose on the other parent?
- Make-up parenting time.
- Monetary fines.
- Mandatory counseling.
- Contempt of court penalties.
7. What if the other parent takes the child out of New Jersey without permission?
You may seek emergency court intervention, including filing an Order to Show Cause in Bergen County Family Court.
8. Can I ask for custody modification?
Yes, if you can show that the violations harm the child’s best interests.
9. Can the police enforce parenting time orders?
Usually, no—except in emergency situations like parental kidnapping.
10. How long does it take to get a hearing in Bergen County Family Court?
Typically, a few weeks to a few months, but emergency applications can be heard faster.
11. What if my parenting plan is outdated?
You can request a modification to better reflect your child’s current needs and schedule.
12. What if the violations only happen occasionally?
Even occasional violations can warrant court intervention if they negatively impact your child or become a pattern.
13. How can parenting apps help me?
They help document communication, track parenting time, and create accountability.
14. Is make-up time guaranteed?
It is commonly granted, but you need to provide strong evidence.
15. Do I have to go back to the same judge?
Generally, yes, since they are already familiar with your case.
Key Locations in Bergen County Served by This Guide
If you live in or near any of the following towns, this information applies to you:
- Hackensack
- Paramus
- Ridgewood
- Teaneck
- Fort Lee
- Fair Lawn
- Englewood
- Garfield
- Lodi
- Mahwah
- Bergenfield
- North Arlington
- New Milford
- Saddle Brook
- Oradell
- Dumont
- And all other Bergen County municipalities
Why You Should Take Action Now
Allowing violations to continue hurts your relationship with your child and reinforces bad behavior from the other parent. Taking action now protects your rights and helps stabilize your child’s environment.
Your Next Steps
📍 Where to File:
Bergen County Superior Court – Family Division
10 Main Street
Hackensack, NJ 07601
Phone: (201) 527-2700
Call to Action
If you’re dealing with parenting time violations or family court order issues in Bergen County, New Jersey, contact us today. We are ready to help you take back control and protect your child’s future.
📞 Call or text us now at 201-205-3201
💻 Visit our website to schedule a confidential consultation
Don’t wait—stand up for your rights and secure your parenting time today.
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