Rule 5:3-7.Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony,...
Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:3-7 gives the court a menu of additional remedies — ten for custody and parenting time violations, eight for support violations, and five for restraining order violations — that it may impose singly or together on top of the ordinary enforcement rule.
(a)Custody or Parenting Time Orders. On finding that a party has violated an order respecting custody or parenting time, the court may order, in addition to the remedies provided by R. 1:10-3, any of the following remedies, either singly or in combination: (1) compensatory time with the children; (2) economic sanctions, including but not limited to the award of monetary compensation for the costs resulting from a parent's failure to appear for scheduled parenting time or visitation such as child care expenses incurred by the other parent; (3) modification of transportation arrangements; (4) pick-up and return of the children in a public place; (5) counseling for the children or parents or any of them at the expense of the parent in violation of the order; (6) temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children; (7) participation by the parent in violation of the order in an approved community service program; (8) incarceration, with or without work release; (9) issuance of a warrant to be executed upon the further violation of the judgment or order; and (10) any other appropriate equitable remedy.
(b)Alimony, Financial Maintenance, or Child Support Orders. On finding that a party has violated an alimony, financial maintenance, or child support order the court may, in addition to remedies provided by R. 1:10-3, grant any of the following remedies, either singly or in combination: (1) fixing the amount of arrearages and entering a judgment upon which interest accrues; (2) requiring payment of arrearages on a periodic basis; (3) suspension of an occupational license or driver's license consistent with law; (4) economic sanctions; (5) participation by the party in violation of the order in an approved community service program; (6) incarceration, with or without work release; (7) issuance of a warrant to be executed upon the further violation of the judgment or order; and (8) any other appropriate equitable remedy.
(c)Enforcement of Relief under Provisions of Domestic Violence Restraining Orders Not Subject to Criminal Contempt Complaints. On finding that a party has failed to comply with the provisions of a restraining order issued pursuant to the Prevention of Domestic Violence Act not subject to criminal contempt (part II relief excluded under N.J.S.A. 2C:25-30), the court may, on notice to the defendant, in addition to the relief provided by R. 1:10-3, grant any of the following remedies, either singly or in combination: (1) economic sanctions, (2) incarceration with or without work release, (3) issuance of a warrant to be executed upon further violation or non-compliance with the order, (4) any appropriate remedy under paragraph (a) or (b) above, applicable to custody or parenting time issues or alimony or child support issues, and (5) any other appropriate equitable remedy.
End
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; caption amended, paragraph (a) amended, and new paragraph (c) adopted July 21, 2011 to be effective September 1, 2011; caption amended, and paragraph (b) caption and text amended July 28, 2017 to be effective September 1, 2017.
Notes of Decisions (2)
Plain-English Summary
Each paragraph begins the same way: on finding a violation, the court may grant these remedies in addition to those already available under Rule 1:10-3, singly or in combination.
For custody and parenting time the list runs from compensatory time with the children and economic sanctions — including the costs a missed parenting time creates, such as the other parent's child care — through changes to transportation, exchanges in a public place, counseling at the violating parent's expense, temporary or permanent modification of custody where that serves the children's best interests, community service, incarceration with or without work release, a warrant issued to take effect on the next violation, and any other equitable remedy.
For alimony, financial maintenance or child support the tools are financial and coercive: fixing arrears and entering a judgment on which interest accrues, ordering periodic payment of arrears, suspending an occupational or driver's license consistent with law, economic sanctions, community service, incarceration, a warrant on further violation, and any other equitable remedy. Paragraph (c) extends the same approach to restraining order provisions that are not subject to criminal contempt, on notice to the defendant.
Frequently Asked Questions
What can a court do if a parent denies parenting time?
Rule 5:3-7(a) lists ten remedies, including compensatory time with the children, economic sanctions covering costs such as child care, counseling at the violating parent's expense, modification of custody where it serves the children's best interests, community service, and incarceration.
Can a driver's license be suspended for unpaid child support?
Yes. Suspension of an occupational or driver's license, consistent with law, is among the remedies for violating an alimony, financial maintenance or child support order.
Are these remedies instead of ordinary enforcement?
No — they are additional. Each paragraph gives them in addition to the remedies provided by Rule 1:10-3.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:3-7). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:enforcement of litigant's rightsviolation of parenting timemake up parenting timelicense suspensioncontemptarrears