In Part 1 of this series, we introduced P.L. 2025, Chapter 316, New Jersey’s newly amended custody law. In this post, we are going to focus on what is arguably the most detailed part of the amendment: new restrictions on when and how a court can order therapy or reunification treatment involving a child.
Why New Jersey Added Therapy Safeguards to Custody Law
Courts have, for years, had the ability to order families into therapy as part of a custody case, including reunification therapy, intended to repair a relationship between a child and a parent the child resists or refuses contact with. The new law does not eliminate that tool, but it puts meaningful guardrails around it, drawing on the protections associated with the federal “Kayden’s Law.”
A Scientific Validity Requirement for Court-Ordered Therapy
Under the amended law, a court cannot order therapy unless there is generally accepted, scientifically valid proof that the therapy is safe, effective, and has therapeutic value. The court must also find good cause before ordering it. This is a notable change from a more open-ended standard, and it means a party seeking to compel a specific therapeutic approach may need to be prepared to show that the approach is recognized as legitimate and not experimental or fringe.
Consent Now Required for Reunification Treatment
One of the most significant new protections: no program intended to reunite a child with a parent from whom the child is estranged, and to whom the child resists or refuses contact, can be ordered without the consent of both parties, and only after the court determines the child is of sufficient age. In other words, a court can no longer unilaterally compel a child into a reunification program over the objection of a parent in these circumstances.
Factors a Court Must Weigh Before Ordering Therapy
Before finding “good cause” to order therapy, the law directs courts to consider a list of factors, including:
- Each parent’s and the child’s own account of the reasons for and duration of any separation, when the child is old enough to express that view
- The child’s age, capacity, maturity, and any special needs
- Whether the parents and child are willing to participate in scientifically valid therapy
- Any conduct by one parent against the other that bears on whether therapy is appropriate
- A HIPAA-compliant summary of the child’s therapy history and prior interventions
- Any history of domestic violence or child abuse
- Any other relevant factor
The law also gives children who are old enough the right to ask the court for a private, off-the-record audience to express their views, with the conversation sealed afterward. A child’s letter from a treating mental health professional can also be used to support the child’s capacity to express those views.
Protections Once Therapy Is Ordered
If a court does order therapy, the appointed mental health professional must have substantial training and experience with domestic violence or abuse if that history is present in the case. The therapist must report back to the court periodically, and the court can modify, suspend, or end the therapy based on that feedback.
Critically, the law states that nothing in this section allows:
- Therapy that cuts a child off from a safe, non-abusive parent to whom the child is bonded
- The use of force, threat of force, or physical obstruction that places a child’s safety at risk
- Undue coercion, verbal abuse, or isolating a child from family, community, or support systems
The law also specifically prohibits courts from presuming that a child’s reluctance to interact with a parent was caused by the other parent, and it bars giving an offending parent increased custody time as a way to try to improve the relationship in cases involving a documented history of domestic violence or abuse.
Frequently Asked Questions
Can a New Jersey court order reunification therapy without both parents’ consent?
No. Under the amended law, reunification treatment for an estranged child cannot be ordered without the consent of both parties, and only after the court finds the child is of sufficient age.
What must a parent show to get court-ordered therapy approved?
The parent must show good cause and that the proposed therapy is generally accepted and scientifically valid, supported by the factors listed in the statute.
In Part 3, we will step back and talk about what all of this means for parents currently in, or considering, a custody proceeding in New Jersey, including how to prepare and what questions to ask your attorney.
This post is intended for general informational purposes and does not constitute legal advice. If you have questions about how this new law may affect your custody matter, we encourage you to speak with one of our family law attorneys.
About the Firm
Adinolfi, Roberto & Burick, PA is a New Jersey law firm handling all aspects of family law, including divorce, alimony, child custody, military divorce, and domestic violence, to name a few. The firm has been serving clients throughout New Jersey since 1989, recently transitioning to Mount Laurel, NJ from Haddonfield, NJ.
About Thomas Roberto
Thomas Roberto is the managing partner at Adinolfi, Roberto & Burick, PA, where he focuses on all aspects of divorce and family law. Founded in 1989, the firm serves clients throughout New Jersey in their unique family law matters.
Read what clients have to say: Thomas Roberto’s Google reviews
Leave a Comment