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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99518
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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On another matter.. I live in NY now but lived in NJ when we

Customer Question

On another matter..I live in NY now but lived in NJ when we separated. Same wife lived in NJ and remove my two children after summer vacation with her from the state of NJ to Maryland-without my knowledge, or written consent against a court order. I fought to have them returned, however NJ turned jurisdiction over to Maryland. The judge in NJ said that the removal of the kids were in fact a violation of the order from NJ and told me that I would have to take the matter up with criminal.Problem #1.
Upon inquiring about the procedure to file a complaint to the local police station where she lived before removing the children they said it has to be executed through family court.Problem #2
Upon going back to Family court they insist that its a criminal matter and must be filed as such.Problem #3
So going to the states Sheriff office, they advise that the Judge must issue a bench warrant then they take it from there.Maybe your answer can take me off this marygoround of who's on first. Please, how do I file /press charges for a violation of 2C:13-4 Interference with Custody (a penal law in NJ)?Please advise.Thx in advance.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

It is at the discretion of the prosecutor whether or not to file charges. The police take the complaint, and then after an initial investigation, pass it on to the prosecutor's office who makes a decision on whether or not the person is to be charged.

If the person violated the law in NJ, under 2C:13-4 or anything else, then the police complaint can be filed, as it sounds like it has been. But then it is up to the authorities whether or not to "pick up" the case as described above. If they do not, then they do not. You cannot make them do so.

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