We are urging a reexamination and modification of the application of statute Title 9 - Children--Juvenile and Domestic Relations Courts Section 9:2-4 of New Jersey law. It is our firm belief—and one supported by both legal precedents and empirical evidence—that the current judicial application of this statute fails to adequately protect the safety and well-being of children when one parent has a documented history of domestic violence.

Call to Action

Many concerned citizens and child welfare professionals respectfully request that the New Jersey Legislature:

Amend Section 9:2-4: Revise the statute to incorporate stringent measures ensuring that documented domestic violence—broadly defined to include testimonial, documentary, and tangible evidence—is sufficient to trigger enhanced safety protocols.

Mandate Safety-First Custody Arrangements: Require that any evidence of domestic violence compels supervised visitation and excludes overnight or shared custody arrangements. Furthermore, it is essential that any visitation granted to abusive parents be supervised within the state and conducted in public locations.

Protect Abused Parties: Ensure that abused parties are not forced to co-parent, cooperate, be friendly toward, or communicate with someone who has habitually intimidated, threatened, assaulted, or violated them. In situations where co-parenting is not possible, the abusive parent shall bear the subsequent difficulties of visitation; the victim and child must not be further exposed to the individual who has caused trauma—especially without strict supervision and protection.

Our children’s lives and futures depend on the legislative actions taken today. I trust that you will give this petition the earnest consideration it deserves and take prompt, decisive action to align New Jersey’s statutes with proven, child-focused safety standards.

Background and Current Concerns

Section 9:2-4 establishes that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents following separation or dissolution of marriage. Although fostering parental involvement is a significant goal, the statute also contemplates custody and visitation arrangements that are in the best interests of the child. Too often, however, judicial practices prioritize parental rights over the paramount need to protect children from harm, thereby exposing them to substantial risk.

Empirical Evidence and the Need for Reform

The stark statistics demand immediate reform. The Center for Judicial Excellence reports that from 2008 to date, 989 children have been killed by a parent during separation or divorce proceedings, with 140 of these deaths preventable had the child's safety been prioritized. In New Jersey, 19 children have been murdered by a parent—with 5 of these tragedies preventable through more rigorous judicial intervention. A particularly harrowing case is that of 6-year-old Corey Micciolo, who was killed in April 2021 during court-ordered unsupervised visitation in Ocean County. These figures underscore that there is no justifiable reason to place a child in harm's way.

Clarification on Evidence of Domestic Violence

For the purposes of this petition, “documented domestic violence” shall include, but not be limited to, clear evidence such as police reports, hospital records, and photographs of injuries. Equally important, it must recognize testimonial evidence, documentary evidence, and other tangible forms of evidence that substantiate the occurrence of domestic violence. This broader definition is essential, given the often hidden nature of abuse where victims may minimize or conceal the violence in an effort to protect themselves.

Comparison to Pennsylvania Standards

We urge the Legislature to consider adopting criteria similar to those established by our neighbor, Pennsylvania, where the custody statute (23 Pa. Cons. Stat. Ann. §§ 5303(a)(3) and 5328(a)(2)) expressly requires courts to evaluate both past and present violent behavior in custody determinations. Pennsylvania mandates that:

Supervision: Parenting time with an abusive parent be supervised.
Restrictions: Overnight visits and shared custody arrangements be precluded in instances where there is evidence of domestic violence.
Judicial Accountability: Courts must provide detailed findings that justify any custody arrangement that deviates from these safety standards.
Case law from Pennsylvania—such as Costello v. Costello, Schwarcz v. Schwarcz, Hughes v. Hughes, and Wiskoski v. Wiskoski—reinforces that a history of violence, even when not directed solely at the child, is a critical factor in determining safe custody arrangements. The American Bar Association has emphasized that “where there is proof of domestic violence, the court should issue very specific, highly structured custody and visitation orders. The court should leave no room for ambiguity or negotiation.”

Guidance from New Jersey Jurisprudence

In addition, Nufrio v. Nufrio, 341 N.J.Super. 548, 775 A.2d 637 (App.Div. 2001) offers essential guidance by recognizing the inherent difficulties an abused parent faces in attempting to co-parent with an abuser. This ruling underscores that an abused parent should not be compelled to engage in any form of co-parenting, cooperation, or communication with an individual who has habitually intimidated, threatened, assaulted, or otherwise inflicted trauma.

The Case for Prioritizing Child Safety

Family court judges in New Jersey must balance parental rights with the urgent need to protect children from exposure to domestic violence. The current judicial tendency to emphasize “frequent and continuing contact” without adequately addressing domestic violence risks exposes children to dangerous environments. It is imperative that courts recognize the complete domestic violence cycle—a cycle in which abuse is often hidden, minimized, or self-blamed by the victim—and that judicial decisions strictly adhere to safety protocols.