SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 73

STATE OF NEW JERSEY

DATED: NOVEMBER 17, 1997

      The Senate Women's Issues, Children and Family Services Committee favorably reports Assembly Bill No. 73 (1R).

      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:

      - the awarding of counsel fees of the aggrieved party against the party who violated the terms of the order;

      - community service;

      - the awarding of compensatory time for the time with the child for which the party was deprived; and

      - other economic sanctions which may be decided on a case-by-case basis.

      Under the provisions of the bill, monetary compensation may be awarded for costs incurred when a parent fails to appear for scheduled visitation. This relief is especially important when the non-custodial parent repeatedly fails to come or fails to come on time causing the child emotional injury and disrupting plans for the custodial parent. Also the bill provides that other economic sanctions can be decided on a case-by-case basis.

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

      This bill is identical to Senate Bill No. 392 Sca (Lipman/Bennett), which was also released by this committee on November 17, 1997.