New Jersey Section 2C:13-4 – Interference with custody.

New Jersey’s Interference with Custody Law: What You Need to Know

Custody battles can be incredibly stressful and emotional for all parties involved. However, in some cases, tensions rise so high that a parent or third party interferes with the court-ordered custody arrangements. This type of behavior is illegal in New Jersey under Section 2C:13-4 of the criminal code, which prohibits interference with custody.

In this article, we’ll break down what constitutes interference with custody in NJ, penalties for violating the law, and potential defenses. Our goal is to provide a comprehensive overview so NJ residents understand their rights and responsibilities related to child custody orders.

What Does “Interference with Custody” Mean?

Section 2C:13-4 makes it a crime to take or detain a minor child outside New Jersey when you don’t have legal custody rights. It’s also illegal to improperly keep a child in NJ when the other parent has lawful custody rights.

Some examples of interference with custody include:

• Not returning your child after a scheduled visitation with the other parent
• Taking your child out of state without permission from the court or other parent
• Hiding your child from the other parent
• Helping someone else commit custody interference

Simply put, violating or interfering with court-ordered custody arrangements in any way is against the law.

Penalties for Custody Interference in New Jersey

The penalties for interfering with child custody depend on the circumstances of the offense.

Disorderly Persons Offense

Interference with custody is a disorderly persons offense if the child is taken, detained, or concealed within New Jersey. This is the lowest level offense with up to 6 months in jail and a fine up to $1,000.

Fourth Degree Crime

It becomes a fourth degree crime if the offender takes the child outside of NJ with the purpose of concealing the child or depriving the other parent of custody/parenting time. This elevates the penalties to up to 18 months in prison and up to $10,000 in fines.

Third Degree Crime

The most serious charge is a third degree crime. This applies when the child is taken out of state for more than 24 hours in violation of a court order. It also applies if the offender acted with intention to permanently alter custody arrangements. The penalties for a 3rd degree crime include 3-5 years in prison and fines up to $15,000.

As you can see, the consequences escalate based on the severity of the interference and intention to deprive parental rights.

Defenses to Custody Interference Charges

There are a few defenses that a person accused of interference with custody can raise. The most common defenses include:

• Lack of criminal intent – For example, you took the child on an unauthorized trip but intended to return him/her. You lacked intent to interfere with custody.
• Self-defense – If you reasonably believed the child was in imminent danger, you may have been legally justified in taking action to protect him/her.
• Consent – If the other parent consented to you taking the child, it may not qualify as improper interference.
• Competing court order – If there are conflicting custody orders from different courts, interference charges may not stick.
• Necessity – If you violated custody terms out of necessity to protect the child’s welfare, it could be a lawful excuse.

An experienced NJ criminal defense lawyer can help analyze the facts of your case and build an appropriate defense strategy.