People may cancel their parenting time for a variety of reasons. When they cancel, they create complications for the other parent. A parent expecting a custody exchange may have to cancel their own plans or make last-minute arrangements for child care.
It is only natural for those experiencing regular custody cancellations to feel frustrated and to want to hold the other parent accountable. Can the New Jersey courts enforce a custody order and compel a parent to make up lost time with their children?
The courts cannot force someone to parent
The unfortunate reality is that the courts cannot force a parent to show up for their parenting sessions and are unlikely to impose any kind of penalty for canceled parenting time. Enforcement actions usually relate to the opposite scenario, where a parent does not get their scheduled time with the children.
That being said, it might still be possible to ask the courts for assistance. A family law judge can modify a final custody order when there is documentation of a change in circumstances. One parent repeatedly canceling their time with the children and placing the burden to accommodate that on the other parent could be grounds for a modification.
The judge could change the overall division of parenting time, which can make life more predictable. That change could also inspire a modification of child support, as the division of parenting time is one of the factors that influences the amount of support ordered.
Documenting custody order violations and discussing the situation with the lawyer can help parents evaluate their options. Parents dealing with repeat cancellations may need to ask the courts to diminish the other parents’ scheduled time with their children.