New Jersey Family Law Blog

A Hunterdon County woman lost her appeal of a New Jersey judge’s ruling preventing her from mentioning her ex-husband or children in any of her online posts. That ban was imposed as part of the woman’s probation for a custody agreement violation. ⁽¹⁾

This case highlights the seriousness with which New Jersey courts view infringement of child custody arrangements. According to reports, the woman was charged with violating the custody agreement between her and her ex-husband and with attempted kidnapping of her children after taking them from New Jersey to New York, with the intention of eventually taking them across the border into Canada. She pleaded guilty to the custody agreement violation and, in return, the kidnapping charges were dropped. In response to the woman’s guilty plea, she received five years’ probation, the terms of which included a prohibition against writing anything online about her family. She was also prohibited from having contact with her children and her ex’s family. ⁽¹⁾

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It took more than 30 years, but New Jersey lawmakers may have finally reached a compromise that satisfies both adoptees’ right to know and their birth parents’ right to privacy. That compromise is the basis for a bill which, last week, won conditional approval from Gov. Chris Christie, and now awaits final approval by both the State Senate and Assembly next week. ⁽¹⁾

Gov. Christie announced he would sign the bill provided it allowed a “suitable” period of transition for parents of birth children adopted before August 1, 2015 to decide if and how they would like to be contacted. He recommended that the law not take effect until after December 31, 2016 in order to accommodate this. Usually laws take effect six months after being signed. ⁽¹⁾

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In 2011 New Jersey adopted its Anti-Bullying Bill of Rights in response to the Federal Government’s efforts to protect people, especially children, from this growing problem. Since then, schools have been responsible for addressing claims of bullying and harassment against their students to the point of monitoring even those activities that occur off campus but have the potential of affecting children when in school. Now, two Hunterdon County school districts are asking that the families of alleged bullies, as well as the bullies themselves, share in that accountability. ⁽¹⁾

A New Jersey Superior Court Judge recently refused to deny a motion filed by the Hunterdon Central High School and the Flemington-Raritan school districts requesting that if the districts are found liable for the harassment of one of their students, the bullies and their parents share the liability. Both districts are the subject of a lawsuit originally filed in February 2013 claiming they failed to take sufficient action to stop harassment toward one of their students. According to the lawsuit, the bullying began while the student was in fourth grade and continued through high school and involved both verbal and physical harassment. The lawsuit further claims that the harassment led to the victim developing health issues that required hospitalization for three months. ⁽¹⁾

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Efforts to provide New Jersey adoptees with access to their medical and genealogical histories while protecting biological parents’ rights to privacy are under way once again. ⁽¹⁾ This time, however, lawmakers hope they have found a workable compromise.

The latest revisions to a bill first introduced in 1980 are expected to be voted on by both the State Senate and the Assembly this week. ⁽²⁾ The revision would grant adoptees access to their birth certificates, including the identities of their biological parents, so that these adoptees would have open-ended access to family medical histories. As for the biological parents, the bill would allow them to stipulate whether or not they wish to be contacted. Those opting not to have any contact with the child they surrendered for adoption would be required to provide a detailed medical history and urged to update that history on an as-needed basis. ⁽¹⁾

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At what age is it okay to leave a child unattended? In New Jersey, the answer depends on a number of circumstances, including where the child is being left.

A New Jersey appeals court recently ruled that a parent or custodial guardian who leaves a young child unattended in a motor vehicle, even if only for a few minutes, can be charged with abuse or neglect. This decision was in response to a 2009 case in which a mother left her young child asleep in a car seat while she ran into a store to purchase party supplies. Although she was gone only for a few minutes, the police were present when she arrived back at her car and she was arrested. Originally charged with child endangerment, the woman requested a hearing with Child Protective Services. However, since she did not deny leaving her child alone, her request for a hearing was denied.⁽¹⁾

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