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Legal Information: New Jersey

Custody

Updated: 
July 14, 2020

If my spouse/ex takes the kids out of state without my permission, can I charge him with kidnapping?

It depends. Generally, you cannot take your kids out of the state, even for a short period of time, without the other parent’s permission, unless the court order specifically says you can. If your court order does not address this issue, then the other parent is likely not allowed to leave the state with your child, unless you give him permission. If the other parent takes the kids out of state without your permission or the permission of a judge, you may be able to file for contempt of the custody order.1

If you have a custody/visitation order in place and the other parent tries to hide your child in violation of the custody or visitation order, he might be charged with what is called “interference with custody.” This is true whether the other parent leaves the state with your child or not.2

1 NJSA § 9:2-2
2NJSA § 2C:13-4