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Articles Posted in Procedure

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New Jersey Family Part Court Rule Amendments (2019) (Part I)

The calendar turning to September signifies different things to different people. For some it signals the end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids finally going back to school. To still others, it signals the start of the football season, the excitement of…

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Fee Collection and Legal Malpractice Actions: Impact of the Entire Controversy Doctrine Clarified – Or Is it?

While not limited to family law matters, at the conclusion of a case a client may often have an outstanding balance due for legal fees in regards to services rendered by the attorney in the underlying action. Most of the time payment arrangements end up getting worked out. Sometimes they…

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New Jersey Appellate Division Addresses How Courts Should Handle Complex Custody Disputes in Non-Dissolution Cases

It is not uncommon as a family law practitioner to experience a difference in the way the family courts handle cases involving the children of divorced or divorcing spouses (where they are matrimonial cases bearing an “FM” docket number) in the dissolution unit, and children of non-married parents in the…

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NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2018 (PART THREE): INCAPACITATED ADULTS AND FINANCIAL MAINTENANCE

In the third and final blog post of this series, I will conclude my summary and discussion of the current 2018 Rule Amendments which have a direct or indirect impact upon Family Part practice in some fashion. In this blog post, I will discuss a new New Jersey court rule…

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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 FAMILY PART COURT RULE AMENDMENTS – 2018 (PART ONE)

The rumor is we did have a summer this year. Besides what seemed like a few nice days, what passed for summer flew by like a flash. Suddenly it was Labor Day, which for most people signals the arrival of Fall. What else arrives each Fall? The annual Amendments that…

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The Motion for Reconsideration: Not a Second Bite at the Apple

It is not uncommon for a litigant to be dissatisfied with a court’s order. Even if you think you have a solid case, there is no guarantee that the court will see things your way.  Additionally, judges do not always get it right.  When a court makes a legal error,…

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The Case of the Missing Domestic Violence Trial Transcript

On January 17, 2018, the New Jersey Appellate Division decided the case of G.M. v. C.V. (A4820-15). The case involved the appeal of a May 6, 2016 order that denied the defendant’s request to vacate a final restraining order (FRO) entered in 2004. The reason for the denial that Trial…

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Family Part Court Rule Amendments 2017 – Part III

  In the third and final blog post of this series, I will conclude my summary and discussion of the current 2017 Family Part Rule Amendments, including those of more general application. The cases of R.K.v.D.L., 434 N.J. Super. 113 (App. Div.2014) and Major v. Maguire, 224 N.J. 1(2016) highlighted…

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