Parental Kidnapping Accusations and Penalties in NJ

Avoid Accidental Abduction: Know Your Rights and Responsibilities in Custody Disputes and How New Jersey Punishes Parental Kidnapping Offenses

While many consider kidnappings to take place at the hands of a stranger, 90 percent of child abductions involve a parent. When a New Jersey child is abducted by one of their parents, it has long-standing emotional impacts on the entire family. If your child’s other parent has breached the terms of your court-ordered custody or parenting time agreement and has taken your child without notice or permission, you need the support of a strong child custody attorney. The team at The Montanari Law Group is prepared to take immediate steps on your behalf to recover your child and ensure that legal repercussions are applied to the fullest extent of the law in Passaic County, Essex County, Bergen County and Northern New Jersey. Equally so, if you have been accused of the serious crime of parental kidnapping due to a misunderstanding or temporary misjudgment, our experienced attorneys can help you build a strong defense against the felony charges associated with parental kidnapping. Contact us anytime at (973) 233-4396 for a free initial consultation.

Actions that Qualify as Parental Kidnapping in New Jersey

According to New Jersey Revised Statutes N.J.S.A. 2C:13-4, parental kidnapping is the interference of a parent with custody. It can take many forms. Parental kidnapping can include taking, detaining, enticing or concealing a minor child in order to deprive the other parent of their legal custody and parenting time rights. Deprivation of parenting time for more than 24 hours in this way heightens the seriousness of the considered interference with custody. This can happen once a custody order has been issued, or while in the process of being processed by the court. Both local and international kidnapping of one’s child are felonies, though international parental kidnapping has harsher penalties. Interference with custody also includes the sequestering of one’s child to evade a forthcoming restraining order.

Beware the Consequences of Parental Kidnapping in NJ: Jail Time, Fines, and More

Parental kidnapping is a very serious crime in New Jersey, classified as a third-degree or second-degree offense, depending on the nature of the violation. The interference with custody is a third-degree crime if a parent takes, entices, detains, or conceals their child within the United States and for under 24 hours. In this case, however, the presumption of non-imprisonment that is usually granted to first-time offenders of third-degree offenses is waived, and the parent faces likely prison time. If they take their child outside of the United States or breach the custody or parenting time order for more than one full day, it is considered a crime in the second degree.

Parents convicted of third-degree parental kidnapping face between three and five years in state prison and up to $15,000 in fines. Those who are convicted of second-degree interference with custody face up to 10 years in state prison and up to $150,000 in fines. There are some cases in which a parent who removes their child from a court-mandated custody or parenting time agreement will not be penalized. These include situations in which the child faces imminent danger from the other parent. Even still, the parent is required to inform their local law enforcement office or the New Jersey Division of Child Protection and Permanency of the child’s location within those critical first 24 hours, unless the parent has custody, in which case as soon as possible.

Legal and Practical Steps to Prevent Parental Kidnapping

Having a written and signed custody agreement is an essential first step to preventing parental kidnapping. When there is no written custody agreement in play, movement of the child without one parent’s permission can be chalked up to a misunderstanding, and the court must move into the realm of nuance and one person’s statement versus the other’s. Make sure there are clear guidelines for parenting time agreements, and document all activities so you will have sufficient evidence to back up the very serious parental kidnapping claim.

Open communication between co-parents is also an important way to prevent parental kidnapping. While many acts of intervention with custody are malicious, some result from miscommunication. Always make sure your co-parent knows where you and your child are and how best to get in contact.

Additionally, protective orders can help prevent parental kidnapping. Whether or not you have a court-ordered custody agreement, if your child’s other parent threatens or is physically violent with them, you, or another family member, file for a temporary restraining order. Many cases of child abduction by a parent occur in the heat of conflict, and having a court order preventing their presence will help keep this from happening.

Talk to Our Montclair, NJ Criminal and Family Lawyers about Your Parental Kidnapping Case Today

It is always important to report any violations of custody agreements immediately. Contact your local New Jersey law enforcement office without hesitation if you believe your child has been taken or concealed by their other parent. Then contact a qualified child custody attorney at The Montanari Law Group for legal advice on how to move forward with parental kidnapping or custody issues. We assist parents in Elmwood Park, Wayne, Kearny, West Orange, Haledon, Montclair, Woodland Park, Little Falls, Clifton, and North New Jersey parents in keeping their children out of harm’s way, while protecting a child’s right to have a relationship with both parents as long as it is safe and in the child’s best interests. Our team of criminal and family lawyers also defends parents accused of kidnapping their own children, aggressively protecting their rights and doing everything we can to minimize the serious consequences of those charged with these offenses. Contact us today at (973) 233-4396 for a confidential and free consultation and learn more about how we can best serve your needs.