Can a Parent Withhold a Child From Another Parent Without a Court Order?

If you have a volatile relationship with your spouse or coparent, you may wonder if it is possible to withhold a child from their father or mother without a court order. Moskowitz Law Group’s skilled family law attorneys have the answers you need to tough legal questions like this one.

Learn more from our team about the topic of limiting access to your children and discover when you can, and cannot, withhold parenting time, as well as the potential consequences you could face if you improperly withhold parenting time.

Both Parents Have Equal Legal Rights

In New Jersey, both parents have equal legal rights when it comes to custody and parenting time. This means that you typically cannot withhold a child from their other parent without a court order. This is because state law says that it is in children’s best interests to have frequent and continuing contact with both of their parents after a divorce or separation.

Generally, informal custody and parenting time arrangements are not enforceable in court because the Court takes a fresh look when it comes to deciding what kind of custody and parenting time arrangement is in a child’s best interests. That said, when making custody and parenting time decisions, the Court can consider how divorced or separated parents historically shared time with a child, especially if the informal arrangement has been in place for a long time.

Consequences of Withholding a Child Without a Court Order in Place

While a parent withholding access to a child without a court order in place is not in violation of any court directive, they have no greater legal authority to do so than the other parent. If you choose to do so anyway without any safety concerns or suspected harm to the child, it can lead to severe legal consequences. A judge may view you as uncooperative, which may hurt your chances in future custody or parenting time cases. Additionally, in extreme cases, concealing or detaining a child to deprive the other parent of the child without a justifiable excuse can lead to criminal charges in New Jersey, such as interference with custody that carries penalties of up to five years in prison, a $15,000 fine, and mandatory restitution. That said, criminal prosecution of interference with custody is very rare. Prosecutors often leave dealing with these issues to the family court.

When Can a Parent Justifiably Withhold a Child Without a Court Order in Place

A parent must have a very good reason to justifiably withhold a child from the other parent without a court order. Such reasons include physical abuse, substance abuse issues, or severe mental health issues. Disagreements about parenting styles, how to raise a child, and other similar circumstances are not justifiable reasons to withhold a child. If you are considering withholding a child without a court order in place, the best course of action is to seek an order from the Court as soon as possible.

Reach Out to Learn When a Parent Can Withhold a Child

Now that you better understand that a parent cannot usually withhold a child from another parent without a court order, reach out to the attorneys at Moskowitz Law Group. Our founder leads a team of dedicated divorce and family law attorneys that offer parents a compassionate guiding hand.

We represent clients throughout the state of New Jersey. Schedule your free virtual consultation with a member of our legal team now to learn more about how to legally protect your children.