Full question:
Please ensure you reference the laws of NJ so that my question may be answered accurately. I have a certified court order (divorce court) from the state of Illinois that grants me sole custody of my daughter. Her Father moved to New Jersey in 2005, and in 2008 we created an agreement that stated she would live with him until she was eighteen. He signed and notarized his copy in NJ, I signed and notarized my copy in IL. My daughter now wants to move home and because of this my Ex-Husband has canceled flight plans for her and eliminated my ability, right, and authority to communicate with her. Can I fly to NJ with my court order and retrieve my daughter? Shouldn't a certified court order supersede a notarized agreement signed in two different states?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Illinois
Answer:
The general rule is that private agreements cannot modify a court order. Only a court can legally enforce modifications. A court may grant a modification of a divorce decree if both parties consent or if there’s a significant change in circumstances. For example, a change in custody can justify a modification.
In your case, while you have a certified court order granting you sole custody, the notarized agreement created in 2008 may complicate matters. Typically, a certified court order should take precedence over a private agreement, but the specifics of your situation may require legal clarification.
If your ex-husband is not complying with the court order, you can file a petition for contempt in the court that issued the order. This can enforce your rights and potentially recover losses, like flight costs. The court has ongoing authority to enforce its orders and can hold a noncompliant party in contempt.
For further assistance, consult with a family law attorney in New Jersey to understand your options and the best course of action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.