Articles Posted in Children

Child custody issues are difficult enough to resolve, but when parents abduct their children to foreign countries, the matters become even more complicated. Child abductions to Japan by parents or other family members prove to be among the most complicated to resolve.

The 1980 Hague Convention on the Civil Aspects of International Child Abductions promotes returning abducted children to the country they originally came from, but even with this treaty, resolution of these cases is difficult. (1)

A prime example is the case of Tinton Falls resident David Goldman and his son, Sean. Sean was taken by his mother to Brazil, her home country. While there, she filed for divorce and kept Sean with her. She subsequently died but Sean remained in the custody of his stepfather. Brazil is one of the countries that is party to the Hague Convention and still the legal battle to get Sean back to the U.S. took five years. (2)

While the debate continues as to whether or not President Obama’s Health Care Reform Plan is beneficial for the country long term, several provisions of that plan took effect this week and are now enforceable by law.

Two of these changes, effective September 23, pertain specifically to children. No longer can children be denied coverage by an insurance company because of pre-existing health conditions and health coverage for children may continue under their parents’ insurance policies until they reach 26 years of age. (1)

Other changes forbid insurance companies from:

This month, New Jersey’s Safe Haven Infant Protection Act celebrates its 10th anniversary. To date, statistics show that at least 47 babies, including one in Hunterdon County, have been surrendered safely under the provisions of this Act. (1)

This law was enacted to help prevent instances like that which occurred in Edison, NJ, this past winter. During a cold February snowstorm, a newborn infant boy was abandoned, wrapped only in a towel, on the hood of a car parked outside of a senior care facility. (2) He was just one of 32 infants abandoned illegally during the ten years that the State’s Safe Haven Law has been in existence. (1)

Fortunately, the Edison baby was discovered and brought to JFK Medical Center, where he was examined and found to be in good condition. Weather conditions on that day, however, could have caused a much different and tragic outcome. Officials estimated that a child left in those conditions probably would not have survived such exposure for more than one hour. (2)

This fall the New Jersey Assembly is expected to vote on the Adoptee Birthrights Bill, satisfying an issue of adoption that the State has been struggling with for about 30 years.

Under this Bill, adult adoptees or the parents of minor adoptees would be able to get copies of the adoptee’s original birth certificate and to have access to their medical histories and social and cultural backgrounds. Today adoptees in New Jersey can only access their original birth certificates through court order. (1)

Continue reading ›

With everything reaching a global level these days, child custody battles are no exception. Parental child abduction is a growing international problem, often the result of a failed marriage that ends with one parent taking the children to a different country. The problem affects parents in many countries.

The case of Alejandro Mendoza is one such international custody battle. Alejandro Mendoza suspects his five-year-old son and three-year-old daughter may now be in Korea, but he is not sure. Violinist Mendoza teaches during the day and performs at night in the Lion King orchestra on Broadway. Mendoza once played a French violin made in 1902 but had to sell it for something he loves even more — his children.

Continue reading ›

Court Enunciates New Test for Tolling Child Sex Abuse Statute of Limitations

By Michael Booth

New Jersey Law Journal

Thorpe v. Wiggan, 405 N.J. Super. 68, (2009).

The doctrine of parental immunity has always protected parents from judicial intervention in normal child rearing decisions. The New Jersey Superior Court Appellate Division recently reexamined this doctrine in Thorpe v. Wiggan. This matter involves the tragic death of a four year-old child, Joseph Wiggan, who burned to death while a passenger in a car driven by his father. This is a negligence acting being brought by the child’s mother against defendant for failing to remove his son from the car before the fire started. The plaintiff appealed the order dismissing her complaint, and the appellate court reversed and remanded for a new trial.
There are two versions of the facts. The first was relayed by defendant to a state police detective via telephone. In this version, he was driving on Route 78 when he noticed that his car was emitting smoke. He then heard “2 bangs,” & he smelled the smoke also, so he pulled over into the shoulder. He got out of the vehicle checked around and so the car was full of smoke. His child was in the back seat, but he was unable to get him out. He wound up in the hospital. He got burned.

The second version of the events, the defendant claims he heard the same “2 bangs,” and he believed a tire blew up. The care then “blew up in flames.” He pulled the car to the shoulder, ran into the bushes and rolled to put the fire out that was on him. Plaintiff conceded that she had no claim against defendant for his second version of the events. Plaintiffs only claim lies under the State Police version.

Continue reading ›