Legal Question in Family Law in New Jersey

Re: Child custody--violence and danger of abduction

Legal advice is fact specific. More precise information is required to answer your questions.

For example, it would be important to know the nature of the act or acts of violence; how long ago it or they occurred and whether there is any basis to reasonably be concerned that there might

be violence directed toward the child in the future.

Abduction is a crime and is prohibited as a matter of law. The real question is whether there is the potential that the person has the ability and the resources to actually disappear with the

child because if you know where the abductor has taken the child it is a simple matter to have that person arrested in whatever state he or she has gone to and to have the child returned.

If the abductor has taken the child out of the country it might be more difficult to obtain the arrest of the abductor and/or to arrange for the

return of the child if the country in question is not a party to the Hague Convention, a treaty which

provides for such relief.

If there is concern about the abductor taking the child to another country a court could seize any

passport which might facilitate such an act.

You need to confer with an attorney about these concerns immediately.

Gary Moore, Esquire

Hackiensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Child custody--violence and danger of abduction

1. Depending on the circumstances of the "violence", yes, it is possible for that parent to get visitation, although it may be of a supervised nature. The court will act "in the best interests of the child." An isolated act of violence by one of the parents (you don't describe against whom, the extent of the violence, or any of the other circumstances) does not automatically disqualify a parent from having visitation.

2. Regarding fears of child abduction, you can "think" whatever you want. The relevant question is whether your concerns are reasonably based in fact, and if so, whether you can demonstrate your concerns sufficiently to the court so that the court will take steps to prevent this from happening.

Since you provide absolutely no details about why you feel this is a legitimate concern, it is impossible to provide you with any further guidance on this issue, other than to get an attorney to assist you, immediately.

If you feel your spouse is in the process of committing a crime, e.g., fleeing the jurisdiction of the court in violation of a court order, or with the purpose of kidnapping the child, then you need to file a criminal complaint as well as attempt to get an emergency TRO from civil court. Again, you should consult a lawyer about how to do this.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]