New Jersey Interference with Custody of a Minor Child

We represent clients charged with N.J.S.A. 2C:13-4; New Jersey Interference with Custody of a Minor Child indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

Interference with custody offense addresses the issue of parental kidnappings which take place before a formal order had been entered.

There are four offenses relating to the interference with the custody of minor children.

First, when the person takes a minor child with the purpose of concealing and thereby depriving the child's other parent of custody.

For this offense there need not be any court proceeding initiated.

This offense is directed at one parent who deprives another parent of custody or parenting time.

It must be proved that the defendant had the specific purpose of concealing the minor child and thereby depriving the other parent of custody or parenting time.

Three elements must be proved.

First, defendant took or detained child.

Second, person taken was minor child.

Third, defendant had purpose of concealing the child and depriving the child's other parent of custody or parenting time.

For the second offense to occur there must be a court proceeding initiated.

Defendant either was served with process or had knowledge of an action affecting the marriage or custody.

This offense is directed at conduct occurring before a temporary or final order has issued determining custody and parenting time rights to a minor child.

This offense includes the taking, detaining, enticing or concealing a child within or outside the state.

Five elements must be proved for this offense.

First, defendant was served with process or had actual knowledge of an action.

Second, defendant took, detained, enticed or concealed within or outside the state.

Third, person taken was minor child.

Fourth, defendant had purpose of concealing the child and depriving the other parent of custody or parenting time or evading the jurisdiction of New Jersey Courts.

Fifth, conduct occurred before a temporary or final order issued determining custody and parenting time rights of a minor child.

The third offense is directed at conduct which seeks to thwart a protective services proceeding in an action affecting custody.

It is directed at conduct which occurs prior to the issuance of an order determining custody rights of a minor child.

Defendant's purpose must be to evade jurisdiction of New Jersey Courts.

Five elements must be proved.

First, defendant was served with process or had actual knowledge of an action affecting the protective services of a child.

Second, defendant took the child within or outside the state.

Third, person taken was minor child.

Fourth, defendant had purpose of evading jurisdiction of New Jersey Court.

Fifth, conduct occurred before a temporary or final order determining custody or parenting time of a minor child.

The fourth offense is directed at conduct which occurs after a temporary or final order determining custody or parenting time of a minor child.

It must be in violation of the custody or visitation order.

Although it must be proved that defendant acted knowingly there is no requirement that defendant must be served with the order.

Four elements must be met.

First, temporary or final order specifying custody or parenting time was issued.

Second, defendant took the child inside or outside the state.

Third, person taken was minor child.

Fourth, defendant acted knowingly.

There are four affirmative defenses - burden is on the defendant to prove the defense by clear and convincing evidence - to interference with custody charge.

First, action taken was to preserve the child from imminent danger.

For this defense to succeed defendant must have given notice to the authorities that the child was taken within twenty four hours.

Second, defendant "reasonably" believed that the taking was consented to by the other parent or the state.

Third, the child was not less than fourteen years old at the time of the taking and the taking was of the child's own volition.

It must not have been done with purpose of committing a criminal offense with or against the child.

The fourth defense is only available to parent, guardian or other lawful custodian.

Also, defendant must reasonably believe he is fleeing from imminent physical danger from other parent.

Finally, defendant must give notice to authorities of child's location and begin an action affecting custody of the child.

Interference with custody of a child is a third degree crime.

If the child is taken outside the United States it is a second degree crime.

At sentencing of interference with custody case, courts look at whether defendant returned the child voluntarily and the length of time the child was taken.

If you have any questions for a NJ criminal defense lawyer about a New Jersey interference with custody charge, please do not hesitate to contact us.