In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to exercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA). In this particular case, designated S.B. v. G.M.B., the trial court made a determination to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party. Continue reading ›
Articles Posted in Parenting Time
KIDS SAY THE DARNDEST THINGS – BUT USUALLY NOT TO THE JUDGE IN NEW JERSEY CUSTODY DISPUTES
One of the most difficult – and most divisive – aspects of a divorce case is where there is a bona fide dispute between the parties as to what the custody and parenting time arrangements should be for their minor children. Frequently, a client will insist that the children be allowed to speak to the judge directly so that the judge can hear first-hand with whom the child would rather live and/or so the judge can be told what a terrible parent the other party is. Continue reading ›
Further Protection of a Domestic Violence Victim’s Unborn Child in New Jersey
Way back in May of this year, I wrote the initial post for this blog concerning the protection of an unborn child of the victim of domestic violence based upon the published decision, B.C. v. T.G., penned by the Honorable Lawrence R. Jones, J.S.C., from the Chancery Division – Family Part in Ocean County. In June of this year, the Legislature introduced a bill, A-4244, which sought to codify the protection afforded to the unborn child of a domestic violence victim by Judge Jones’ published decision. Continue reading ›
Custody Disputes in New Jersey – What are the Terms That You Need to Understand?
Custody disputes can sometimes remind me of the Biblical story of King Solomon (1 Kings 3:16-28). In this story, King Solomon is tasked with resolving an argument between two women in the same household, each of whom claimed to be the mother of an infant son. Continue reading ›
The Impact of a Parent’s Terminal Illness on a Change of Custody Application in New Jersey
This week the New Jersey Court Committee on Opinions published the May 30, 2013 trial court Opinion of the Honorable Lawrence R. Jones, J.S.C. in the matter of A.W. v. T.D. The case addressed not only a heartbreaking family crisis, but what Judge Jones described as a “serious issue of first impression regarding the impact a terminal cancer diagnosis may have on an existing custody arrangement.” Continue reading ›
Relocation of Children Out of the State of New Jersey Explained
In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children. Continue reading ›