New Jersey-2016-A1993-Introduced

An Act concerning parental child abduction, designated as "Jade and Michael's Law," amending R.S.9:2-2, and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. Upon the filing of a complaint in an action for divorce, dissolution of a civil union, divorce from bed and board, separate maintenance, legal separation from a partner in a civil union couple or nullity when custody, child support, or parenting time of a minor child is at issue, or any other action when custody, child support, or parenting time of a minor child is at issue and the court has jurisdiction over the child pursuant to section 13 of P.L.2004, c.147 (C.2A:34-65), the court shall enter a temporary order restraining both parties from removing the child from the State, or from applying for a new or replacement passport for the child without the prior written consent of the other party or an order of the court.

b. Upon the filing of an application alleging a child has been removed in violation of this section, the court may enter an order to freeze the New Jersey assets of the party alleged to be in possession of the child.

2. R.S.9:2-2 is amended to read as follows:

9:2-2. [When] a. Upon the filing of a complaint in an action for divorce, dissolution of a civil union, divorce from bed and board, separate maintenance, legal separation from a partner in a civil union couple or nullity when custody, child support, or parenting time of a minor child is at issue, or any other action when custody, child support, or parenting time of a minor child is at issue and the Superior Court has jurisdiction over the custody and maintenance of the minor [children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The] child pursuant to section 13 of P.L.2004, c.147 (C.2A:34-65), the court shall enter a temporary order restraining both parties from removing the child from the State, or from applying for a new or replacement passport for the child without the prior written consent of the other party or an order of the court.

b. Upon the filing of an application alleging a child has been
removed in violation of this section, the court [, upon application of any person in behalf of such minors,] may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section including the entry of an order to freeze the New Jersey assets of the party alleged to be in possession of the child.

(cf: P.L.1948, c.321, ss.2, 11)

3. This act shall take effect immediately.

STATEMENT

This bill, "Jade and Michael's Law," provides enhanced protection against child abduction by a parent and provides an additional method of enforcement than what is provided under current law. Presently, R.S.9:2-2 prohibits parents in divorce and custody proceedings from removing a child from this State. N.J.S.2C:13-4 provides that a parent who takes or conceals a child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade jurisdiction of a court of this State, is guilty of the crime of interference with custody. Additional protections against child abduction are provided pursuant to the "Uniform Child Custody Jurisdiction and Enforcement Act," P.L.2004, c.147 (C.2A:34-53 et seq.).

Under R.S.9:2-2, when the Superior Court has jurisdiction over the custody and maintenance of minor children who are natives of the State or have resided in the State for five years, a parent is prohibited from removing the children out of its jurisdiction without the consent of both parents or order of the court.

The bill directs the court to enter an order upon the filing of a petition for divorce, dissolution of a civil union, divorce from bed and board, separate maintenance, legal separation from a partner in a civil union couple or nullity when custody, child support, or parenting time of a minor child is at issue, or any other action when custody, child support, or parenting time of a minor child is at issue and the court has jurisdiction over the child, prohibiting either party from removing a child from the State, or from applying for a new or replacement passport for the minor child without the prior written consent of the other party or an order of the court.

The bill provides consistency with regard to jurisdiction in custody actions by amending R.S.9:2-2 to specify that jurisdiction is determined pursuant to section 13 of P.L.2004, c.147 (C.2A:34-65), part of the "Uniform Child Custody Jurisdiction and Enforcement Act." The statute provides that a court of this State has jurisdiction over a child when a child has lived in this State with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding and another court does not already have jurisdiction over the child. In the case of a child less than six months of age, the court has jurisdiction if the child has lived with a parent in this State since birth.

The bill also strengthens protections concerning issuance of a passport for a child. Current procedures for obtaining a U.S. passport provide that minor children under the age of 16 cannot apply for a new or replacement passport by themselves. Both parents or guardians must appear, in person, with the minor and provide consent authorizing passport issuance to the minor. If one parent or guardian is unable to appear in person, then the application must be accompanied by a signed, notarized statement of consent by the absent parent or guardian. If the minor only has one parent or guardian, evidence of sole authority must be provided. The prohibition in the bill against a parent obtaining a passport for a child applies to all minor children, not just those who are under the age of 16.

The bill further provides that, upon the filing of an application alleging removal of a child in violation of the temporary order, the court may enter an order to freeze the New Jersey assets of the party alleged to be in possession of the child.