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Robert
Robert, Attorney
Category: Family Law
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Experience:  I am a licensed Attorney.
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We were told that because we have "shared" cutody we could

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We were told that because we have "shared" cutody we could not file criminal charges in New Jersey when the father was not only two hours late with drop off but indicated to DYFS caseworker that he had no intention of returning the 2 & 4 year old children? The contentious moments are always simultaneous when the children tell the investigator who hurt them. This last incident the 2 year old had bruises on every plane of her body when dropped off by the father saying he and his girlfriend hit her all the time. This episode was not substantiated when sibling was inconsistent with account of what happened by telling the investigator her sister does not cry but the 2 year old stated "Yes I do". The father was substantiated for child neglect in December for his registed nurse girlfriend and him not getting medical attention for the 4 year old for a practically severed finger, requiring six stitches and one for child abuse for causing a severe abdominal injury to 2 year old by sticking her in the stomach with his elbow. She was diagnosed with internal bleeding of the abdominal wall.

Can we file criminal charges for interference with visitation?

Thanks you for your assistance.
Ellen Murphy
Please email: XXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.
Hello and thank you for choosing JustAnswer! I am sorry that has happened to those poor children and if they are ever hit or abused it is important that you report such abuse to the New Jersey Department of Children and Families. You can learn about reporting abuse at the following link:

http://www.nj.gov/dcf/abuse/how/

The answer to your other question is no, you cannot file criminal charges for interference of visitation. When one of the parent's violates the custody/visitation order the proper response is to file a motion to enforce the custody/visitation order (you may also ask the Court to modify the arrangement so that the children are with you more; a modification requires a change in circumstances since the last custody/visitation order was entered). In the motion you will also request that the Court hold the other parent in contempt of the original order (this "contempt" power can be used by the Judge to order a fine, order the other parent to pay your attorneys fees for having to bring this motion, place the other parent in jail for a period of time, etc.). In this way you can enforce the original court order and bring consequences to the other parent for violating the order.

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

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Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
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