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HOME SWEET HOME

Ahhhh, the Coronavirus pandemic. As I write this blog post, most people are torn between feelings of fatigue and fear. After more than eight months since this pandemic began, most people are understandably weary over the personal, emotional, financial, and societal upheaval that this has caused. To say that this…

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2020 Election v. Holiday Cheer

The holiday season is upon us and with it comes the joy and at times the tribulation and challenges of family gatherings. This year the holidays might be configured a bit differently than in past years. Uncle Charlie might be participating by Zoom and Aunt Ruth may be sporting her…

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New Jersey Appellate Division Holds that All “Child in Court” Hearings, Even Those That the Parents Agree To, Must Be Held on the Record.

In the published Appellate Division opinion in NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.O. and M.C.D. A-1871-16, (App. Div.  Oct. 30, 2018), the Appellate Division addressed the 2011 emergency removal of two children, ages 7 and 2, from their undocumented immigrant parents. While the two children remained in resource homes,…

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New Jersey Family Part Court Rule Amendments – 2018 (Part 2): “NAME” THAT COURT

In my last blog post I summarized some of the recent Court Rule amendments that went into effect this September. While there were only a limited number of changes in the Part V Rules affecting Family Part practice, I noted that there were amendments made in other sections of the…

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New Jersey Appellate Division in Tort Case Acknowledges Expanding Recognition of Family to Include Same Sex Couples

While the U.S. Supreme Court has declared that same sex marriage is now legal all across the country, the states are still addressing with the newly accepted concept of a family in other contexts as well.  This is demonstrated in the recent published opinion of the Appellate Division in Moreland v.…

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U.S. Supreme Court Rules in Favor of Cake Shop Who Refused to Create a Wedding Cake for Same Sex Couple on Religious Grounds

In 2004, Massachusetts became the first state in the United States to recognize same sex marriage.  Numerous states thus enact differing laws regarding the ability of same sex couples to marry in their states, with numerous states  passing laws to ban same sex marriage, and various states over the years,…

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Use of Cohabitation Agreements to Protect Unmarried, Cohabiting Romantic Partners Upon Separation

In modern society, it is common for unmarried couples to live together without being married.  When an unmarried cohabiting couple separates, however, the rights to equitable distribution and alimony does not exist.  No matter how long an unmarried couple has lived together, they do not have the legal rights and…

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Surrogacy No More: Will Gestational Carrier Agreements Finally Achieve Legal Recognition?

  For the third time since 2012, the New Jersey lawmakers have passed legislation that would allow persons to enter into gestational carrier agreements; namely for the intended parents to enter into a contract with a woman 21 years of age or older to become pregnant by assisted reproductive technology…

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The Scheduling of New Jersey Domestic Violence Trials and the Importance of Punctuality

This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3).  In this case the defendant appealed from a final restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act,…

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New Jersey Appellate Division Interprets Statute to Allow Admission of Hearsay Statements By Children in Title 9 Abuse and Neglect Cases But Not in Title 30 Removal Cases

In the published opinion in the matter of Division of Child Protection and Permanency v. T.U.B. & J.E.C., (A-2565-15T2) the trial court terminated the Defendant’s parental rights in a Title 30 guardianship case based upon the admission of hearsay statements by children about corroborated allegations of abuse or neglect pursuant to…

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