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Articles Posted in Jurisdiction

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New Jersey Appellate Division Applies the Fugitive Disentitlement Doctrine to Family Law Case Involving Custody

Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary,…

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Appellate Division Overturns Denial of Application to Obtain Custody of Sibling Immigrating to New Jersey From Guatemala

The first Tuesday of every November serves as Election Day in New Jersey and across the United States.  Immigration, both legal and illegal, continues to be controversial issue in current elections.  On Election Day Eve, November 2, 2015, the New Jersey Appellate Division published their Opinion in OYPC v. JCP, —…

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Use of Social Media in Court: An Ethical and Jurisdictional Dilemma

Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court.  It is no big surprise that with the explosion of social…

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Defense of Assault Allegations in the Law Division: Protections Provided by the Appellate Division

In a recent published decision from the Appellate Division, L.T. v. F.M., the Court differentiated between the standards of proof associated with an domestic violence action in the Family Part and a civil action in the Law Division.  The primary issue presented and resolved in this decision was the issue…

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Power of Attorneys are not Allowed to Appear and Testify on Behalf of Divorce Litigant

In a recently published trial court decision, Marsico-v-Marsico, the Honorable Lawrence R. Jones, J.S.C., dealt with the novel question of law as to whether or not a designated power of attorney could appear and testify on behalf of or in lieu of a divorce litigant.  After addressing this issue, Judge…

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New Jersey Appellate Division Further Examines the Issue of Inconvenient Forums in Custody Cases

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.,…

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Part Two: Determining Jurisdiction in Custody Disputes

In my prior recent posting entitled, “Part One: The Issue of Domicile in Non-Custodial Divorce Cases – Is New Jersey Still My Home?“, I discussed how jurisdiction is determined in matrimonial cases that did not involve a custody dispute. Here, I will discuss how a New Jersey family court will…

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Part One: The Issue of Domicile in Non-Custodial Divorce Cases – Is New Jersey still my home?

The New Jersey State motto is “Liberty and Prosperity.” Therefore, it should come as no surprise that New Jersey is home to the third largest percentage of millionaires in the United States. Over 7% or approximately 235,000 of New Jersey citizens are millionaires.  (See Barron’s millionaire-ranking)  Accordingly, many New Jersey citizens…

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