To put it bluntly, no one wants to face criminal charges. However, interference with custody or parenting time makes it a possibility. That’s not to say there aren’t situations when denying visitation seems critical. The same can be said about the decision not to return a child to the custodial parent.
While it’s true that some parents have informal agreements as far as custody and parenting times, most are guided by court orders. Family court judges use their experience and evaluation of the evidence to make determinations. Most importantly, considerable attention is given to the best interests of the child.
Court-ordered or parenting time interference occurs for a number of reasons. Here are some of the explanations offered by those who engage in the process:
- Concerns of releasing a child to a parent under the influence of drugs or narcotics.
- Fears that the child risks exposure to physical, emotional or sexual abuse.
- Worries that allowing the child to leave could result in his or her kidnapping.
- Frustration experienced over non-payment of court-order child support allowances.
- Spiteful feelings over the end of the relationship or the other parent’s involvement with a new partner.
Although some of these motives make sense, interfering with custody or parenting time still could involve defying a court order. Therefore, understanding what can happen when you take things into your own hands is critical. According to New Jersey law, you could even find yourself behind bars for up to five years.
Criminal Charges
First, things first. You might be surprised and definitely alarmed that interfering with custody or parenting time is a crime. However, NJS 2C:13-4 details a few reasons you could find yourself facing criminal penalties for either offense.
On the one hand, the crime could be taking or detaining a child and concealing their whereabouts in defiance of a court order for custody or visitation. Additionally, there’s the issue of court proceedings regarding custody and parenting time. It is criminal to remove a child from the state to avoid what a New Jersey judge might say on the issue. Of course, the same is true if the child is taken outside of the United States.
Parents may also face criminal charges if they attempt to conceal their children’s location because they are met with action by protective services.
Nevertheless, the courts acknowledge that parents sometimes have reasonable cause to interfere with court orders to ensure their child’s safety. Additionally, an experienced family law attorney can show proof supporting affirmative defenses.
Defending Custody or Parenting Time Interference Charges
If you need to defend custody or parenting time interference charges, you do have some available defenses. In the first place, your child’s welfare is critical. If you feel that your child is in imminent danger, you understandably want to protect him or her. Nevertheless, there is at least a minimal legal process.
In some cases, fear is the motivating factor in withholding a child or returning them. Notwithstanding, a parent who does so is under notice requirements. Within twenty-four hours, it is essential that the authorities are notified of the child’s location. This would entail a report to the local police department, county prosecutor, or the Division of Child Protection and Permanency in the Department of Children and Families.
Meanwhile, there could be a misunderstanding between the parents. Perhaps Mom was the under the impression that Dad consented to miss a weekend visit so the children could attend a birthday party. This could be a viewed as a defense concerning interference with parenting time.
Circumstances vary when it comes to defending custody or parenting time. Your attorney will review your situation to assist you. For example, what happens when an older child refuses to visit the other parent? Can you be charged?
Contact Us
Even after they end their own relationships, most parents will experience ongoing interaction. It could be that modification of an existing court order needs consideration. Meanwhile, if you have decided to interfere with custody or parenting time, you should seek legal counsel. At the Law Offices of Sam Stoia, we are more than happy to review your concerns. Give us a call!