A contempt proceeding should be brought under R. 1:10-2 against the other parent for interfering with parenting time. Under R. 1:10-3, monetary sanctions are available. Often times, lawyers will file a motion to enforce litigant’s rights and simply ask the Court to verbally scold the other parent. I view these case as dealing with any other bully. The best way to get a bully to back down is to stand up for yourself and punch them in the mouth. Clearly, assaulting the other parent is not advisable but standing up for yourself in court and using the court to deliver a serious blow to them will often get them to back down.
Now I’ve heard every excuse in the book as to why the other side will not listen to any court order. In fact, I find it odd that people would call a lawyer only to tell the lawyer that the other side cannot be defeated. Why call the lawyer in the first place? Quite often, the prospective client has handled the case on their own or did not have an aggressive lawyer in the past. I cannot think of any case that our firm has handled where we could not help our client get parenting time unless the parent was involved with DYFS. Even with serious DYFS allegations, we can almost always get the client some visitation.
Thus, if you want to enforce your parenting time and teach the other side that you will not back down, speak to one of our tough, smart lawyers about filing a motion to hold the other parent in contempt.
In this divorce case, we represented a father who was seeking full custody from the mother. The father alleged that the mother’s boyfriend molested the child. However, the boyfriend was not arrested. We worked with the Prosecutor’s Office to get the case moving and it eventually did. The boyfriend was subsequently arrested. Despite the fact that the mother hired a good law firm, we were able to secure full custody for the father.