ASSEMBLY, No. 73

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KAVANAUGH

An Act concerning sanctions against parties who violate visitation orders 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. 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 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.

    2. A judge who sanctions a party for failure to comply with an order of visitation shall have these remedies available:

    a. The awarding of counsel fees of the aggrieved party against the party who violated the terms of the order;

    b. Community service;

    c. The awarding of compensatory time for the time with the child for which the party was deprived; and

    d. Other economic sanctions which may be decided on a case-by-case basis to compensate either party for costs incurred based on the circumstances.

    3. This act shall take effect immediately.

STATEMENT

    The bill would establish a series of specific statutory civil remedies for judges who hear violation of visitation order matters. A judge who sanctions a party for failure to comply with an order of visitation shall have the following remedies available:

    a. The awarding of counsel fees of the aggrieved party against the party who violated the terms of the order;

    b. Community service;

    c. The awarding of compensatory time for the time with the child for which the party was deprived; and

    d. Other economic sanctions which may be decided on a case-by-case basis to compensate either party for costs incurred based on the circumstances.

    This bill embodies recommendation 8 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

Provides sanctions for parties who fail to comply with a visitation order.