Parent's Rights In New Jersey
Parents have broad rights in raising their infant children. But, of course, they are obligated to act in the child's best interests.
The Supreme Court of New Jersey recently reviewed parental rights and obligations in a dispute arising from the use of a skate park facility. A 12 year old child was injured there; he and his parents sued the facility. Defendant relied upon a document signed by the child's mother as a condition to the use of the facility; it released the facility from liability for any future injuries to the child.
YOU BE THE JUDGE: Can a parent sign away a minor child's claims for future injuries that might be suffered at a recreational facility?
The Supreme Court ruled that the public policy of the State of New Jersey requires that a parent protect a child's best interests. As an example of that policy, parents are required under New Jersey Court Rules to have statutory or judicial approval to act with regard to a child's post-injury claims.
The release was an exculpatory agreement. Courts hold such agreements in disfavor because they encourage a lack of care.
The Court found it was contrary to the public policy of the State to permit a parent to bind a minor child to a pre-injury release of the minor's prospective claims arising from the use of a commercial recreational facility.
Since the parent's release in this case was contrary to the State's public policy, it would not be enforced. .
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.
The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, personal injury, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.
