An Act concerning visitation and parenting time, supplementing Title 2A of the New Jersey Statutes, amending R.S.9:2-4 and P.L.1997, c.300.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.9:2-4 is amended to read as follows:

9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:

a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;

b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or

c. Any other custody arrangement as the court may determine to be in the best interests of the child.

Any ¹[custody]¹ order of the court which provides for ¹[visitation or]¹ parenting time shall contain a provision stating that the custodial parent has a duty to facilitate ¹[visitation or]¹parenting time of a minor child with the noncustodial parent ¹to the extent that the noncustodial parent seeks to exercise parenting time as ordered by the court¹.

In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.

The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.

d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.

e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.

f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.

(cf: P.L.1997, c.299, s.9)

2. Section 1 of P.L.1997, c.300 (C.2A:34-23.2) is amended to read as follows:

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 ¹[visitation or]¹ parenting time 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; and

e. It is in the best interests of the children to facilitate ¹[parents'] a noncustodial parent's¹access to the courts with regard to the enforcement of ¹[visitation and]¹parenting time when it has been ¹[unreasonably]¹ denied ¹without cause¹.

(cf: P.L.1997, c.300, s.1)

3. Section 2 of P.L.1997, c.300 (C.2A:34-23.3) is amended to read as follows:

2. [A judge who sanctions a party for failure to] a. When ¹[a parent has been granted visitation or parenting time and visiting or parenting time is] parenting time has been ordered and has been¹ denied or otherwise interfered with by the ¹[other] custodial¹parent, the aggrieved parent may file with the court ¹[a motion for enforcement of visitation or] an application seeking to enforce such¹parenting time. The ¹[motion] application¹shall be filed ¹[on a form provided by the court. Upon filing, the court shall immediately set a hearing on the motion. The hearing shall be not more than 21 days after the filing of the motion. Final disposition of a motion filed pursuant to this section shall take place no later than 45 days after filing of the motion.

b. Notice of a hearing pursuant to subsection a. of this section shall be given to all interested parties.

c.] and disposed pursuant to the Rules of Court.

b.¹If the court finds that ¹[visitation or]¹parenting time has been ¹[unreasonably]¹denied or otherwise interfered with by the ¹custodial¹ parent ¹[who has failed to comply with] without cause and in a manner contrary to¹ an order of ¹[visitation or]¹parenting time, the court shall [have these remedies available] enter an order providing for one or more of the following:

[a.] (1) A specific ¹[visitation] parenting time¹schedule;

(2) Supervised ¹[visitation or]¹ parenting time;

(3) [The awarding of counsel of] Reasonable attorney fees and court costs to the aggrieved party against the party who violated the terms of the order;

[b.] (4) Community service;

[c. The awarding of compensatory] (5) Compensatory time for the time with the child for which the party was deprived, which time shall be of the same type as the ¹[visitation or]¹parenting time denied, such as holiday, weekday or weekend;

[d. The awarding of monetary] (6) Monetary compensation for additional costs incurred when a parent fails to appear for scheduled ¹[visitation or]¹parenting time; [and]

[e.] (7) Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting ¹[visitation or]¹ parenting time;

(8) Requiring one or both parents to undergo counseling or education sessions which focus on the impact of ¹[visitation or]¹ parenting time disputes on children; and

(9) Other economic sanctions which may be decided on a case-by-case basis.

¹[d. Any order of the court providing for visitation or parenting time shall include a provision stating that the custodial parent has a duty to facilitate visitation or parenting time of a minor child with the noncustodial parent.

e. Any order of a court involving visitation or parenting time shall include a written notice advising the persons affected as to the penalties provided in N.J.S.2C:13-4 for violating that order]

c. When the court enters an order establishing or modifying parenting time, the court shall provide written notice to the parents regarding:

(1) the duty of the noncustodial parent to facilitate parenting time of a minor child with the noncustodial parent to the extent that the noncustodial parent seeks to exercise such parenting time; and

(2) the potential consequences as provided in N.J.S.2C:13-4 for failure to comply with an order of parenting time¹.

(cf: P.L.1997, c.300, s.2)

4. (New section) The ¹[Director of the]¹ Administrative ¹[Office] Director¹ of the Courts may prepare and make available both in print and in an easily printable format on the Judiciary's Internet website a form, in accordance with the Rules of Court, to be used by a parent to file ¹[a motion] an application¹ to enforce ¹[visitation or]¹ parenting time orders. The Judiciary's website shall contain, in addition to the appropriate form, instructional material to assist the public in petitioning the court for enforcement of ¹[visitation and]¹ parenting time.

5. (New section) The Supreme Court of New Jersey may adopt rules appropriate and necessary to effectuate the purpose of this act.

6. This act shall take effect on the ¹[60^th] 90th¹ day following enactment and shall apply to any action filed on or after the effective date.