Legal Question in Family Law in New Jersey

By law, to have a judge order to enforce litigants rights after the proper papers are filed and served, does the issue have to already exist on a previous order? For example, the plaintiff files a motion and it includes a part to enforce litigants rights. He is asking for the court to enforce by directing the defendant to go to a substance abuse evaluation in order to get parenting time unsupervised, but until then he insists on supervised visits. The defendant in fact never was instructed to do so in the first place. Now let's pretend the new order is written, and it now does include this requirement before supervision stops. My question is, how can one ask a court to enforce anything that was never there to be followed or not to begin with, and then can a judge clearly state that plaintiffs request to enforce is granted? And then the person must go do this, where there may have never been a single issue, it was all based on hearsay throughout the history of proceedings?


Asked on 6/06/17, 12:06 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

It seems like you are asking a question about a motion that has been filed. I would have to review that motion. Feel free to call me at 1-855-9-JEFLAW

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Answered on 6/06/17, 6:45 am


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