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Articles Posted in Abuse and Neglect

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Child Abuse – If you see something, DO something.

We have all now probably seen or heard the public service announcement of “If you see something, say something.” which is usually in the context of witnessing suspicious package or person. On May 17, 2017 the Supreme Court of New Jersey, in affirming the ruling the of the Appellate Division…

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The Violence Against Women Act and Remedies to Undocumented Immigrants Victimized by Domestic Violence

The Violence Against Women Act (VAWA), 42 U.S.C. § 13701 et seq., is a United States federal law that was originally passed in 1994 and was reauthorized in 2013 in which the spouses and children and parents of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency in…

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New Jersey Appellate Division Addresses the Due Process Rights of Mother Faced with an “Established” Finding of Child Abuse or Neglect Without an Evidentiary Hearing

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…

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New Jersey Supreme Court Addresses Limited Role of Family Court in Immigration Matters

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…

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Can Incarceration Qualify as a Change in Circumstance Warranting a Modification or Termination of Child Support?

In New Jersey, it is well established that both parties have an obligation to support their children financially.  Accordingly, child support obligations are one of the primary issues dealt with when a marriage or relationship ends between people who have children, whether it be my consensual agreement or court order.…

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New Jersey Supreme Court Looks at the Scope of Family Part Judge’s Authority in Custody Removal and Placement Case

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…

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SHOULD A PICTURE BE WORTH A THOUSAND WORDS? – GUARDING AGAINST THE VISCERAL REACTION

Months ago when NFL running back Ray Rice was accused of domestic abuse and a video surfaced purportedly showing him dragging his then fiancee unconscious from an Atlantic City casino elevator, it was the prevailing view of most that Mr. Rice had knocked her out during some sort of altercation…

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Court Addresses Whether Failure To Seek Psychological Services for Suicidal Teen Constitutes Abuse and Neglect

The Family Court handles divergent case types. Although most people think the issues handled by Family Part judges relate to divorce, the reach of the family court is far broader. Many of the controversies resolved by the court deal with issues regarding children including Juvenile matters and matters involving abuse…

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