Custody Agreement Violation?

[GottaGo]

What is the name of your state (only U.S. law)? NJ

Friend and his wife separated about 3 years ago. She took kids and moved back to Puerto Rico. Courts allowed it because it was determined that PR is where wife has support system. Divorce made final in NJ, October 2010.
Part of their custody agreement is that children will return to NJ to visit dad over winter break and for summer. Custody agreement also states that wife is to pay for children's airfare to and from NJ for visitation with father.

Wife has not once paid for these tickets and each time says she cannot afford it. Husband pays for tickets because he wants to see his children.
Husband claims that this was brought up to the judge at the divorce hearing and that the judge said violating the court order doesn't matter and did not care.

Does husband have any recourse when wife violates court order to pay for children's flights?
Could consistently reporting wife's violations potentially set grounds for a more favorable custody agreement for the father?
That is the ultimate goal, for father to have more time with children.
Thank you.

 

[Antigone*]

What is the name of your state (only U.S. law)? NJ

Friend and his wife separated about 3 years ago. She took kids and moved back to Puerto Rico. Courts allowed it because it was determined that PR is where wife has support system. Divorce made final in NJ, October 2010.
Part of their custody agreement is that children will return to NJ to visit dad over winter break and for summer. Custody agreement also states that wife is to pay for children's airfare to and from NJ for visitation with father.

Wife has not once paid for these tickets and each time says she cannot afford it. Husband pays for tickets because he wants to see his children.
Husband claims that this was brought up to the judge at the divorce hearing and that the judge said violating the court order doesn't matter and did not care.

Does husband have any recourse when wife violates court order to pay for children's flights?
Could consistently reporting wife's violations potentially set grounds for a more favorable custody agreement for the father?
That is the ultimate goal, for father to have more time with children.
Thank you.

Unless there is a significant change in circumstance then dad needs to change his goals. So who are you in this whole thing?

 

[GottaGo]

I am just a frustrated friend. I have seen him struggle to find money to get flights for kids and also be depressed because he misses them. I have encouraged him to report each time she violates the court order, but honestly I don't know how to do that or if it would make any difference.

Can he report it when she violates? Will that gain him anything?

 

[Antigone*]

I am just a frustrated friend. I have seen him struggle to find money to get flights for kids and also be depressed because he misses them. I have encouraged him to report each time she violates the court order, but honestly I don't know how to do that or if it would make any difference.

Can he report it when she violates? Will that gain him anything?

Yes, and possibly not.

 

[mistoffolees]

Wife has not once paid for these tickets and each time says she cannot afford it. Husband pays for tickets because he wants to see his children.
Husband claims that this was brought up to the judge at the divorce hearing and that the judge said violating the court order doesn't matter and did not care.

Sorry, I just don't see ANY judge saying that violating a court order doesn't matter. (I could see him not doing anything for various reasons, but saying it doesn't matter? No way).

Something tells me you're not getting the whole story. Have him create his own account and post his questions.

 

[GottaGo]

Sounded crazy to me also.
Friend is feeling defeated and is wallowing right now, which is why I was trying to find this out for him. He won't post it himself.

Can someone tell me how/to whom he would report the violations?
Also, would it be of benefit to him to report them?

 

[milspecgirl]

your friend needs to file contempt charges in the court that the paperwork was done in (provided there has been no change of jurisdiction). He needs to file this contempt each and every time. She will probably only get a slap on the hand the 1st few times, etc. but, eventually maybe it will change

 

[milspecgirl]

and if he is paying child support, maybe there can be some sort or adjustment in that if he has to pay the costs. THAT will probably make her take notice

 

[GottaGo]

Thank you, milspecgirl.

 

[Proserpina]

OP, if Dad is paying for the tickets anyway....he might want to suck up the cost and pay for his own as well, and go and GET the kids.

Then take the "cost" thing back to court afterwards.

 

[GottaGo]

Proserpina, dad usually does. The children are 14, 9, and 6, so what usually happens is he will purchase a tkt for himself to PR to pick up the kids, then round trip tickets for all of them back to PR-NJ-PR, and a return trip for himself to NJ after he's dropped them back to PR.

 

[Proserpina]

Proserpina, dad usually does. The children are 14, 9, and 6, so what usually happens is he will purchase a tkt for himself to PR to pick up the kids, then round trip tickets for all of them back to PR-NJ-PR, and a return trip for himself to NJ after he's dropped them back to PR.

OH! I misunderstood.

So, he IS seeing the kids per order - he's just having to suck up the cost of the flights?

Well, he can take Mom to court yes. He can request that he is reimbursed within a specific time period. He can also try to sue her for the costs himself.

I cannot, honestly, see custody being changed even though Mom is not abiding by the court order.

 

[GottaGo]

Proserpina - are you saying he would just have to file a civil suit against her for reimbursement?
But nothing done in relation to the court order that now exists (that she routinely violates)?

 

[mistoffolees]

So, he IS seeing the kids per order - he's just having to suck up the cost of the flights?

Well, he can take Mom to court yes. He can request that he is reimbursed within a specific time period. He can also try to sue her for the costs himself.

I cannot, honestly, see custody being changed even though Mom is not abiding by the court order.

I agree. He should have fought more vigorously for custody before she took the kids to PR. That ship has sailed.

 

[Proserpina]

Proserpina - are you saying he would just have to file a civil suit against her for reimbursement?
But nothing done in relation to the court order that now exists (that she routinely violates)?

Orders finalized ...when? Last month?

And the FINAL orders say that Mom must bear the cost of transportation?

(Not just the temp orders)