Interference with Custody in New Jersey

N.J.S.A. 2C:13-4 · Assault, Homicide & Violent Offenses

What the law says

The section prohibits taking, detaining, enticing, or concealing a minor child in specified circumstances to deprive the other parent of custody or parenting time, or to evade the jurisdiction of New Jersey courts. It also prohibits knowingly taking or enticing a committed person away from lawful custody without privilege.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:13-4, that means:

• A person, including a parent, guardian, or other lawful custodian, takes or detains a minor child with the purpose of concealing the child and thereby depriving the child's other parent of custody or parenting time.
• After being served with process or having actual knowledge of an action affecting marriage or custody, and before a temporary or final order determining custody and parenting time rights, a person takes, detains, entices, or conceals the child within or outside the State to deprive the other parent of custody or parenting time, or to evade the jurisdiction of this State's courts.
• After being served with process or having actual knowledge of an action affecting the protective services needs of a child under Title 9 in an action affecting custody, and before a temporary or final order determining custody rights, a person takes, detains, entices, or conceals the child within or outside the State to evade the jurisdiction of this State's courts.
• After a temporary or final order specifying custody, joint custody rights, or parenting time is issued, a person takes, detains, entices, or conceals a minor child from the other parent in violation of that order.
• A person knowingly takes or entices a committed person away from lawful custody when the person is not privileged to do so.

How the charge is graded

• Interference with custody is a crime of the second degree if the child is taken, detained, enticed, or concealed: (i) outside the United States or (ii) for more than 24 hours.
• Otherwise, interference with custody is a crime of the third degree, but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply.
• A person who knowingly takes or entices any committed person away from lawful custody when not privileged to do so is guilty of a crime of the fourth degree.

Penalties in the statute

• A person convicted under subsection a. shall make restitution of all reasonable expenses and costs, including reasonable counsel fees, incurred by the other parent in securing the child's return.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• It is an affirmative defense to a prosecution under subsection a., which must be proved by clear and convincing evidence, that the actor reasonably believed the action was necessary to preserve the child from imminent danger to the child's welfare. This defense is unavailable if, as soon as reasonably practicable but no more than 24 hours after taking the child under the actor's protection, the actor does not give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Child Protection and Permanency in the Department of Children and Families.
• It is an affirmative defense to a prosecution under subsection a. that the actor reasonably believed the taking or detaining of the minor child was consented to by the other parent or by an authorized State agency.
• It is an affirmative defense to a prosecution under subsection a. that the child, being not less than 14 years old at the time of the taking or concealment, was taken away at the child's own volition and without purpose to commit a criminal offense with or against the child.
• It is an affirmative defense to a prosecution under subsection a. that a parent having the right of custody reasonably believed the parent was fleeing from imminent physical danger from the other parent, provided that, as soon as reasonably practicable, the parent gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Child Protection and Permanency in the Department of Children and Families, or commences an action affecting custody in an appropriate court.
• The offenses enumerated in this section are continuous in nature and continue for so long as the child is concealed or detained.
• In imposing sentence under subsection a., the court shall consider whether the person returned the child voluntarily and the length of time the child was concealed or detained, in addition to the factors enumerated in chapter 44 of Title 2C of the New Jersey Statutes.
• “Committed person” includes anyone committed under judicial warrant and any orphan, neglected, or delinquent child, person with a mental disease, defect, or illness, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.
• As used in this section, “parent” means a parent, guardian, or other lawful custodian of a minor child.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Interference with Custody charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.