Can a Mother Refuse to Provide the Father Access to His Children?

Unfortunately, divorce can quickly turn into a high-conflict situation, especially when children are involved. If there are hard feelings between you and your spouse, you may wonder if a mother can refuse to provide the father access to his children in New Jersey.

The answer is usually “no,” as both parents have equal rights as parents under state law. However, the Court considers many factors when it comes to parenting time.

Is There a Court Order That Specifies Custody and Parenting Time Arrangements?

When there is a court order in place, both parents, including the mother, must comply with the established parenting plan and parenting time schedule. Refusing the father’s access to his children without a valid and immediate safety concern can lead to serious consequences, including monetary sanctions, modifications to the parenting time schedule adverse to the mother, and being held in contempt of court. Specifically, the Court may modify an existing custody order to award make-up parenting time to the father, give him more parenting time in general, or, in severe cases, give him primary or sole custody. If a mother desires to deny the father access to the children, she must have a good reason to modify the custody order and seek a modification in court.

What Happens When No Court Order Exists?

When there is no formal court-ordered parenting or custody agreement in place, both parents still have equal rights to access to their children. Practically speaking, however, the parent with whom the kids primarily reside, including the mother, can have more control over the de facto parenting time schedule.

That said, the mother cannot arbitrarily deny the father access to the children without potential consequences. The father can file a motion with the Court to request a formal parenting time schedule and custody arrangement. It is highly likely that the Court will not look favorably upon a mother for unjustifiably preventing the father access to the children. This may seriously harm a mother’s case during custody proceedings.

What Actions Can a Father Take When Denied Access to the Children?

If a father has been denied access to the parents’ children, he has legal recourse in court, including seeking to enforce or modify an existing parenting time schedule. In certain cases, a father can file for an emergent order seeking access to the children. A mother who refuses access to the children must be sure to document any time she refuses access to the children with correlating evidence in support of her decision to do so, then seek her own relief from the Court.

Schedule a Free Virtual Consultation to Learn If a Mother Can Refuse Access to Children

Now that you better understand the circumstances when a mother can have legal recourse to refuse access to the father, you need a strong voice and guiding hand from Moskowitz Law Group to learn more. Our founding partner is certified by the Supreme Court of New Jersey as a matrimonial law attorney. She leads an assertive and skilled legal team that is dedicated exclusively to divorce and family law. We represent clients throughout New Jersey. Schedule your consultation with a member of our legal team now.