Parents often believe that because they share a biological or legal connection to their child, they cannot be accused of kidnapping. However, under New Jersey law, this isn’t always true. A parent can face serious criminal charges if they unlawfully take their child in violation of a child custody order or with the intent to interfere with another parent’s rights.
Learning about how the law defines parental kidnapping and what situations lead to these charges is crucial, including during a divorce or custody dispute.
What Is Considered Parental Kidnapping in New Jersey?
New Jersey defines kidnapping under N.J.S.A. § 2C:13-1, which makes it a crime to unlawfully remove or confine another person against their will. If a parent takes or keeps a child without legal authority (such as in violation of a court-ordered child custody arrangement), it could also meet the definition of interference with custody under N.J.S.A. § 2C:13-4.
The crime of kidnapping requires unlawful removal/confinement plus certain purposes (e.g., ransom, facilitating a felony, terrorizing, etc.). Many parent scenarios are more properly charged as interference with custody (2C:13-4), not kidnapping.
This can potentially include actions like the following:
- Taking a child out of New Jersey without the other parent’s consent or court approval
- Refusing to return the child after a scheduled visit
- Hiding the child or refusing to disclose their location
- Attempting to change the child’s residence to avoid court oversight
It doesn’t matter whether a parent believes they are acting in the child’s best interest in these cases. If behaviors like the above are done without following the proper legal steps, they can still result in criminal charges.
Penalties for Parental Kidnapping
The penalties for parental kidnapping in New Jersey can be severe. Kidnapping charges generally carry more serious punishments, such as up to 30 years in prison. Meanwhile, interference with custody charges can result in up to 10 years. Fines in these cases can be up to $150,000 or more as well.
In addition, the parent could face federal consequences if they take the child across state lines, as this may violate the Federal Parental Kidnapping Prevention Act.
What if There Was No Custody Order?
If there is no formal custody order in place, both parents generally have equal rights to their child. In those cases, taking the child without the other parent’s permission is not automatically considered kidnapping under New Jersey law.
Even still, problems can arise if the parent’s actions are viewed as preventing the other parent from exercising custody in some way. Courts may consider all of the circumstances before determining whether a crime occurred.
Regardless of whether any criminal charges are imposed, however, a parent who takes these actions may face serious consequences in family court, including unfavorable custody rulings.
How Family Law and Criminal Law Overlap
Parental kidnapping often involves both family law and criminal law. Family court handles issues like custody and visitation, while criminal court focuses on whether the parent’s actions violated state law.
A criminal conviction can affect future custody decisions and damage the parent-child relationship as well. For that reason, it’s essential to have an experienced attorney on your side who understands both sides of the law.
Contact the Monmouth County Child Custody Attorneys at The Law Office of Jennifer J. McCaskill, LLC for Help Today
Have you been accused of kidnapping your own child or believe your co-parent has taken your child without permission? The Law Office of Jennifer J. McCaskill, LLC is here to help. We can help you understand your rights and guide you through what’s to come to the best of our ability.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firm in Red Bank. NJ is ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
