Compliance with Custody and Parenting Time Orders
Recently, it has been widely reported that a California Court ordered Angelina Jolie to cooperate in fostering a better relationship with Brad Pitt, who is the father to her children. Numerous news outlets report that under the Court’s recent Order, Angelina must: (1) Arrange a phone call between the children and their respective doctors in order to have it explained to them that the court has found that they are safe in their father’s care, (2) Make the children available for their summer parenting time with Brad, (3) Provide Brad with each child’s cellphone number, (4) Refrain from obstructing Brad’s ability to contact their children, and (5) Refrain from monitoring any text messages between Brad and the children. Court threatens Angelina Jolie, says she must allow children to see Brad Pitt, report says, USA Today, https://www.usatoday.com/story/life/people/2018/06/12/reports-jolie-must-allow-kids-see-pitt-she-could-lose-custody/696044002/. Additionally, it is being reported that Angelina may lose primary custody of their children if she fails to comply with the Court’s Order.
Similar to California courts, New Jersey courts take interference with a parent’s custody and parenting time very seriously. This is because courts consider both parents as having a fundamental right to the care and custody of their children.” In a 2010 case called Parish v. Parish, the Court specifically stated that “interference with custody and parenting time may immediately and irreparably impact the best interests of a child and often represent classic cases necessitating court review.” Additionally, New Jersey laws and Court Rules related to custody and parenting time allow for substantially similar provisions and sanctions as those that Angelina has been ordered to comply with, in cases where a parent has violated a court order for custody and parenting time. Under New Jersey Court Rule 5:3-7(a), a court may sanction a party who has violated a court order for custody and parenting time with “(1) compensatory time with the children . . . (6) temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children . . . (8) incarceration . . . and (10) any other appropriate equitable remedy.” In reviewing an application related to allegations of interference with custody and parenting time, the court’s primary consideration is generally the child’s “safety, happiness, physical, mental and moral welfare . . . .”
Properly advocating for and seeking enforcement of custody and parenting time can be complicated. Fortunately, our skilled and knowledgeable New Jersey child custody lawyers at Lyons & Associates are available to speak with you and answer any questions that you may have. We invite you to contact us online or give us a call at our office at 908-575-9777 to schedule a private consultation.
Written by: Joanna Adu, Esq.