Per your court-ordered parenting time schedule, there may be a certain date and time your former spouse is supposed to hand your child over to you. However, you may begin to notice that your ex is showing up later and later at your house or another predetermined drop-off location. Or, they may get into a pattern of asking to change the schedule last minute; or worse, failing to show up at all with little to no explanation. If the parenting time situation is out of your reasonable control, you may need to call on legal intervention. That is, please read on to discover what actions to take if your ex does not drop off your child and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can help get your child under your care when you are entitled to it.
What should I do if my ex does not drop off my child at their scheduled time?
Hopefully, you are still on speaking terms and have remained reasonably amicable with your former spouse. If so, you should first try to communicate your issues with them consistently missing your scheduled drop-off times. Through this conversation, you may learn that they have a valid explanation for this. For example, they may have recently changed their work schedule. Or, the predetermined drop-off location may be inconvenient for them at that given time (i.e., rush hour, closed roads, etc).
If you are sympathetic to this, you may propose mediation. With mediation, you and your ex may negotiate a modified parenting time schedule that works in both your best interests, alongside that of your child. However, you must understand that the New Jersey Superior Court must approve your modified schedule before it can go into effect.
How do I file a motion for contempt of court for parenting time?
Unfortunately, your former spouse may refuse to work civilly with you, even for your child’s sake. So, if they refuse to follow your parenting time schedule or at least fix it through mediation, you must file a motion for contempt of court. With this motion, you must prove that your ex has repeatedly failed to drop off your child on time. This may be demonstrated through videos of you at the drop-off location at the scheduled time, written communications between you two, and more.
Soon after, the court may schedule a hearing date. From here, you must serve your ex with the motion and notice of hearing. Ultimately, the judge may impose sanctions and state what must occur to regain compliance with the order. For example, they may grant you more parenting time to compensate for your lost time. Or, they may order your ex to pay fines and for your legal fees.
In conclusion, a competent Bergen County family law attorney can help kickstart your legal action today. Our team at McNerney & McAuliffe will happily take on your case.
