State Of New Jersey v. Froland

936 A.2d 947 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

M and F were married in New Jersey in 1985. They later moved to California where they adopted two children. In 1996, M and F separated; M moved back to New Jersey with the children to be near her family, and F remained in California. M sued F for divorce in New Jersey; a final judgment was entered on May 1, 2000. The parties agreed to joint legal custody of the two children. M was the parent of primary residence and F the parent of alternate residence. F was to have 'reasonable and liberal parenting time with the children' whenever he was able to come to New Jersey, which he frequently did. M had physical custody of the children on alternate holidays. They also agreed that if they resided in the same vicinity during a holiday, they would share holiday time 'so that the children [would] be with both parents on those days.' F married D in 2000. They rented a home in Brick, New Jersey, where they lived with D's young daughter S.F., who had been adopted by F, and D's eighteen-year-old nephew, Matthew Aronson. After he moved to New Jersey, d's parenting time was increased by agreement. After visitation on Christmas, 2000 M called F's home; the phone lines had been disconnected. The home was deserted. M went to the police and filed a missing children report. Police discovered evidence of intentional flight from the United States. F under the pseudonym John Kaliczak signed a contract to purchase a boat. D, Aronson, and S.F. received passports, with an intended destination of New Zealand. The date of travel was to be December 23, 2000. F later obtained birth certificates for J.K. and O.K., and they requested and received medical records for the three children. D and F sent letters to their respective families, informing them that they had taken the children and intended to flee to a jurisdiction friendly to their position. Eventually, their boat became disabled. They were detained by the Coast Guard and later arrested. F, D and Aronson were indicted on various counts of kidnapping and interference with custody. D was and sentenced to jail. She is on parole. D appealed and lost at the appellate level on her consent defense and appealed again. At issue in this appeal is whether a stepmother who removes her stepchildren from the state with the consent of their father (her husband), but without the consent of their mother, is guilty of non-consent kidnapping under N.J.S.A. 2C:13-1.