Bill Text: NJ A1265 | 2018-2019 | Regular Session | Introduced
Bill Title: Enhances procedures for enforcement of visitation and parenting time when parents' access to child has been denied.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Women and Children Committee [A1265 Detail]
Download: New_Jersey-2018-A1265-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
SYNOPSIS
Enhances procedures for enforcement of visitation and parenting time when parents' access to child has been denied.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning visitation and parenting time, supplementing Title 2A of the New Jersey Statutes, amending R.S.9:2-4 and P.L.1997, c.300.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.9:2-4 is amended to read as follows:
9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:
a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;
b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or
c. Any other custody arrangement as the court may determine to be in the best interests of the child.
Any order of the court which provides for parenting time shall contain a provision stating that the custodial parent has a duty to facilitate parenting time of a minor child with the noncustodial parent to the extent that the noncustodial parent seeks to exercise parenting time as ordered by the court.
In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.
d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.
e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.
f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.
(cf: P.L.1997, c.299, s.9)
2. Section 1 of P.L.1997, c.300 (C.2A:34-23.2) is amended to read as follows:
1. The Legislature finds and declares that:
a. There has been an increase in the filings of dissolutions of marriages in the recent years; and
b. The best interests of the children of these marriages in maintaining close relationships with both parents regardless of which parent has the physical custody of the child is paramount; and
c. Proceeding criminally in cases where the terms of an order of [visitation] parenting time with a child has failed to be honored may be both difficult and inappropriate; [and]
d. Bolstering the statutory civil remedies available to a judge hearing these types of matters may provide an indication of legislative intent to promote the enforcement of these matters; and
e. It is in the best interests of the children to facilitate a noncustodial parent's access to the courts with regard to the enforcement of parenting time when it has been denied without cause.
(cf: P.L.1997, c.300, s.1)
3. Section 2 of P.L.1997, c.300 (C.2A:34-23.3) is amended to read as follows:
2. [A judge who sanctions a party for failure to] a. When parenting time has been ordered and has been denied or otherwise interfered with by the custodial parent, the aggrieved parent may file with the court an application seeking to enforce such parenting time. The application shall be filed and disposed pursuant to the Rules of Court.
b. If the court finds that parenting time has been denied or otherwise interfered with by the custodial parent [comply with] without cause and in a manner contrary to an order of [visitation] parenting time, the court shall [have these remedies available] enter an order providing for one or more of the following:
[a.](1) A specific parenting time schedule;
(2) Supervised parenting time;
(3) [The awarding of counsel of] Reasonable attorney fees and court costs to the aggrieved party against the party who violated the terms of the order;
[b.](4) Community service;
[c. The awarding of compensatory] (5) Compensatory time for the time with the child for which the party was deprived, which time shall be of the same type as the parenting time denied, such as holiday, weekday or weekend;
[d. The awarding of monetary](6) Monetary compensation for additional costs incurred when a parent fails to appear for scheduled [visitation] parenting time; [and]
[e.](7) Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting parenting time;
(8) Requiring one or both parents to undergo counseling or education sessions which focus on the impact of parenting time disputes on children; and
(9) Other economic sanctions which may be decided on a case-by-case basis.
c. When the court enters an order establishing or modifying parenting time, the court shall provide written notice to the parents regarding:
(1) the duty of the noncustodial parent to facilitate parenting time of a minor child with the noncustodial parent to the extent that the noncustodial parent seeks to exercise such parenting time; and
(2) the potential consequences as provided in N.J.S.2C:13-4 for failure to comply with an order of parenting time.
(cf: P.L.1997, c.300, s.2)
4. (New section) The Administrative Director of the Courts may prepare and make available both in print and in an easily printable format on the Judiciary's Internet website a form, in accordance with the Rules of Court, to be used by a parent to file an application to enforce parenting time orders. The Judiciary's website shall contain, in addition to the appropriate form, instructional material to assist the public in petitioning the court for enforcement of parenting time.
5. (New section) The Supreme Court of New Jersey may adopt rules appropriate and necessary to effectuate the purpose of this act.
6. This act shall take effect on the 90th day following enactment and shall apply to any action filed on or after the effective date.
STATEMENT
This bill amends the current law concerning enforcement of parenting time to facilitate access to the courts when parenting time has been denied by the custodial parent without cause.
Under the provisions of the bill, when a noncustodial parent has been granted parenting time and it is denied or otherwise interfered with the by custodial parent, the noncustodial parent may file an application with the court seeking to enforce such parenting time. The application would be filed and disposed in accordance with the Rules of Court.
The bill provides that if the court finds that the parenting time of a noncustodial parent has been denied or otherwise interfered with by the custodial parent without cause and in a manner contrary to an order of parenting time, the court could enter an order providing for one or more of the following: a specific parenting time schedule; supervised parenting time; reasonable attorney fees and court costs of the aggrieved party against the party who violated the terms of the order; community service; compensatory time for the time with the child for which the party was deprived, which would be the same type as the parenting time denied, such as holiday, weekday or weekend; monetary compensation for additional costs incurred when a parent fails to appear for scheduled parenting time; posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting parenting time; requiring one or both parents to undergo counseling or education sessions which focus on the impact of parenting time disputes on children; and any other economic sanctions which may be decided on a case-by-case basis.
The bill would also require that when the court enters an order of parenting time, the court would provide written notice to the parents regarding: the duty of the custodial parent to facilitate parenting of a minor child with the noncustodial parent to the extent that the noncustodial parent seeks to exercises such parenting time; and the potential consequences as provided in N.J.S.2C:13-4 (interference with custody) for violating that order.
The bill requires the Administrative Director of the Courts to create an easily printable form on the Judiciary's Internet website, to be used by any parent to file an application to enforce parenting time rights. The website would contain instructional material to assist the public in petitioning the court for enforcement of parenting time.
This bill is based on a recently enacted Oklahoma statute (43 Okl. St. §111.3. That law modified the procedures for enforcing visitation orders and imposed a duty upon the custodial parent to facilitate the visitation rights of the noncustodial parent.
