Last week, the New Jersey Family Law Blog posted about a mother who took her kids without their father's knowledge, sparking off a massive search ending in Maryland. She was charged and pleaded guilty with interference of custody. In this particular case, the parties were still married. In Maryland, it is much more difficult for the aggrieved parent to get vindication. Contempt is an option when a parent is denied time under a court order, however it is not a quick fix. For example, if your ex will not open the door when you come by to pick up the kids during your holiday time, you will likely be stuck for the time being at least. While the court can order "make up time," you will never get that holiday back. The truth of the matter is that you cannot force the other parent to respect your rights and your relationship with your children.
I filed for a change of custody due to my Ex habitually violating everything we agreed on in mediation. The ultimate was her taking the kids to florida from Maryland without informing me. My Ex's brother actually tipped me off. In our mediation contract it states she would notify me. She even left the kids with her boyfriend whom I never met for over a month. By crossing state lines without informing me, would this be a "serious" violation or will Charles County most likely slap her on the wrist?
Posted by: Sid W. | March 09, 2010 at 04:21 PM
Well, my experience is that the judiciary system is a total and utter failure when it comes to custody issues. My ex husband and I are on our second custody court order (this time I was given sole physical custody and he visitation) and he still runs all over the agreement and the court system does nothing. Sad part is its always the children that get to pick up the tab and get the short end of the stick. My best advice to you (I have been dealing with this for 3+ yrs) let the small things go and give them what they want to make it easier on the child(ren), however, if they fail to respect the order continuously file the contempt charges and continue to file them until someone changes the order yet again because the children are the ones that will become emotionally scarred if no one speaks on their behalf so that they spend the appropriate amount of time with each parent.
Posted by: Laur | June 14, 2011 at 10:27 AM