New Jersey Law Concerning Custody & Parenting Time

New Jersey Statute: N.J.S.A. 2C:13-4(a)- Interference with Custody (including parenting time)

A person, including a parent, guardian or other lawful custodial commits the crime of interfering with custody if he (or she):

1. Takes or detains a minor child in order to conceal him or her and thereby deprive the child's parents, of custody or parenting time; or
   
2. After being served with process or having actual knowledge of an action affecting the marriage or custody, but prior to the issuance of a temporary or final order determining custody or parenting time rights to a minor child, takes or conceals the child for the purpose of depriving the other parent of custody or parenting time, or to evade the court's jurisdiction; or
   
3. After being served with process or having actual knowledge of an action affecting the protective service needs of a minor child pursuant to Title 9 of the New Jersey statutes in an action affecting custody, but prior to a temporary or final order determining custody rights, takes or conceals the child to evade the court's jurisdiction; or
   
4. After the issuance of a temporary or final order specifying custody or parenting time rights, takes or conceals a minor child from the other parent, guardian or lawful custodian in violation of the order.

Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed: (i) outside the United States or (ii) for more than 24 hours. Otherwise, interference with custody is a crime of the third degree, but the presumption of non-imprisonment set forth in subsection e. of N.J.S.A. 2C:44-1 for a first offense of a crime of the third degree shall not apply. A third degree crime may be punishable by a term of imprisonment of three to five years, or a fine of up to $15,000.00.

Noncompliance of a court order is covered by New Jersey Statute N.J.S.A. 2C:29-9, contempt of court, which is a fourth degree crime and which may be punishable by a term of up to eighteen months in county jail and a fine of up to $10,000.00.

New Jersey Rule of Court 5:3-7(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 visitation such as child care expenses incurred by the other parent;
3. Modification of transport 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.

The Uniform Child Custody JurisdictionAct

N.J.S.A. 2A:34-28 et seq.

The Uniform Child Custody Jurisdiction Act has been enacted by New Jersey other states to establish standards governing which state should decide custody and/or parenting time issues in cases involving New Jersey and another state. Under this law, it is the child's home state or the state with the strongest connection to the child that must decide custody. Another state can only act under emergency circumstances. This act does several things. It requires that every state enforce proper out-of-state custody orders, it establishes a federal system to assist in locating abducted children, and it makes interstate child abduction a crime.