Parenting time interference is a serious issue. If you and your ex have a few miscommunications or mix-ups it is likely not statutory parenting time interference. Most parents have a few hiccups as they learn to co-parent. If you’ve had some miscommunication about parenting time, try to work out the kinks with your ex, by clearly writing up a schedule with times and drop-off locations. Create an open line of communication so that you can discuss changes or problems with the schedule.
There are some instances in which a parent actually does violate the law and commits the crime of parenting time interference as defined in New Jersey. This happens if:
- A parent takes or keeps your child in order to conceal him or her to deprive you of your parenting time or custody rights
- Is aware there is a custody case but before there is a final order, takes or conceals your child in order to deprive you of custody or parenting time or to evade the court’s jurisdiction
- Has been served with papers for a protective order case before a final ruling and takes or conceals your child to evade the court’s jurisdiction; or
- Has been given the final order of custody or parenting time and takes or conceals the child in violation of the order.
This is s third degree crime punishable by imprisonment of three to five years, and a fine of up to $15,000. This is a crime of the second degree if the child is taken or concealed outside the United States or for more than 24 hours.
If you are concerned that your ex is going to take or conceal your child, you should talk with your attorney about what you can do to protect your child and your rights.
DeTorres & DeGeorge is your custody law firm in New Jersey. Call us today to set up a time to talk about your case and your concerns.