Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that…
On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence…
This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions. In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that…
Going through a divorce can be time consuming, expensive, and emotionally draining, among many other things. For this reason and more, many people try to rush the process and enter into an ill advised settlement agreement on their own in order to obtain a quick divorce and move on with their…
On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E. is the mother of R.S. now age nine. V.E. appealed an administrative finding of the New Jersey Division…
It is well cited the significant extent that domestic violence is in this State and in this country. It has also been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job.…
The Presidential election is about a month away, and one of the major issues of this election has been immigration. Immigration is regulated under federal law, chiefly under the Immigration and OLYMPUS DIGITAL CAMERA Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control…
In a prior post, I took a look at the process necessary to seek the dissolution or modification of a Final Restraining Order (FRO), specifically taking into consideration the Carfagno factors that have since been adopted by the Appellate Division as a non-exhaustive list of factors for the Court to…
The jurisdiction of the Family Part of the New Jersey Superior Court to make orders determining custody is based upon the common law doctrine of parens patriae, which imposes upon the court an affirmative duty to protect the best interests of minor children. The members the New Jersey Judiciary that…
New Jersey’s removal statute, N.J.S.A. 9:2-4, bars a parent from permanent relocating a child from the State of New Jersey without the other parent’s consent or the permission of the court. In a previous 2013 blog, my colleague, Daniel Burton, Esq., discussed at length the standard created under our…