New Jersey Divorce and Family Lawyer BlogOn August 15, 2017, the New Jersey Appellate Division approved for publication the decision in the matter of E.S. v. H.A (A-3230-14T2 and A-3256-14T2), in which the Appellate Division addressed whether a parent may be required to admit to a crime as a condition for that parent to be able to make an application for visitation with one’s child. The Appellate Division concluded that parents cannot be required by the state to forego their Constitutional right against self-incrimination as a condition to seek custody or visitation with their child. Continue reading ›
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New Jersey Supreme Court Addresses Standard for Custodial Parent Relocation
Nothing is more precious to us than our children. The Supreme Court of the United States has established the right to know one’s children as a fundamental Constitutional right. In New Jersey the
right to know and raise one’s children is firmly entrenched in statutory and case law. In our mobile society the right to know one’s children post-divorce has often come in conflict with the post-divorce business or social needs of the parents. New Jersey, like many North Eastern states, has a highly transient population who has come here for business or personal reasons and may find business or social needs more compelling than identity to the State as home. When parents of children feel compelled to move, there is often contention over the impact of such a move on custody of the children. Continue reading ›
A New Beginning, Also Known as DIVORCE. It’s Not THE END.
Divorce as defined in Webster’s Dictionary means, “the action or instance of legally dissolving a marriage.” While a divorce does end a marriage, it is not “THE END”. Unfortunately, when in the
midst of a divorce is it almost impossible for one to see the new beginnings that lay before them. Continue reading ›
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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no.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, N.J.S.A. 2C:25-17 to -35. The defendant claimed that the trial court abused its discretion in denying his request for a short adjournment of the April 14, 2016 hearing until his attorney could arrive at the courthouse. The series of events that led to the defendant being in court that day are as follows. Continue reading ›
New Jersey Family Court Addresses Jurisdiction Dispute in Post-Judgment Custody and Parenting Time Dispute
Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13). In this published opinion the court addressed issues of
jurisdiction in a custody and parenting time dispute where one party had relocated with the children out of the state of New Jersey, but the parties had reached an agreement as part of their divorce that future custody disputes would be decided under New Jersey law and in New Jersey courts. This case contains a detailed analysis that a family court undergoes to resolve jurisdiction issues and the application of the Uniform Child Custody Jurisdiction and Enforcement Act. Continue reading ›
FAMILY COLLABORATIVE LAW: PANACEA OR PITFALL?
Only a court can grant a divorce. A court can also decide issues of custody and parenting time, alimony and child support, the distribution of property, as well as other claims incident to the 
dissolution of a marriage. However, a court need not decide these issues as the parties themselves have the power to resolve them–and in the vast majority of cases, they do. Often the parties are able to settle their financial and custodial issues whether with or without the assistance of counsel, during the course of an ongoing litigation process. However, in recent years there has been a growing acceptance of dispute resolution methods, whether as an alternative to conventional litigation or as a compliment with respect thereto, to assist parties to resolve their marital issues. Continue reading ›
Pointers About New Jersey’s Approach to Domestic Violence
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Summer is the time for: sea breezes, mountain air, trips to the museums with the kids in tow, and . . . domestic violence. Statistically, domestic violence increases during summer months. This rise is probably because there are a number of holidays in the summer months, and people take time off. There is something to be said about the old adage about idle hand and the devil. Here are some pointers about New Jersey’s approach to domestic violence. Continue reading ›
What’s in a Name? A Rose by Any Other Name Would Smell Just as Sweet – Name Change for Transgender Child Allowed by New Jersey Court
In Sacklow v. Betts, a case of first impression, Hon. Marcia Silva, J.S.C. a Chancery Division judge in Middlesex County, decided that the “best interest of the child” standard applies when a considering whether to allow a transgender child to change his or her legal name.
Janet Sacklow, the child’s mother in this case, petitioned the Chancery Division to change the name of the parties’ 16 year old transgender child from Veronica to Trevor, arguing that this was in the child’s best interest because her child is transgender, identifies as a male, and has been undergoing treatment for gender dysphoria. Richard Betts, the child’s father, initially opposed the name change, but after cross examining the child, he was willing to consent to changing Veronica’s name to Trevor even though he still nonetheless expressed his concern about whether this name change was in the best interest of the child. Continue reading ›
Appellate Division Reverses Trial Court’s Decision to Dismiss and Then Reinstate A Final Domestic Violence Restraining Order
On June 5, 2017 the Appellate Division approved for publication its opinion in the matter of TMS-v-WCP, A-4900-15T2, which involves reinstatement of a final domestic violence restraining
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order.
Tips For Handling Summer Stress in a Troubled Marriage
Summer is upon us. Summer brings with it holidays, family time, holiday preparations and expectations, and some stress brought on by kids being home for the summer. The reality is that
families that have problems often argue and fight at holiday time. The summer is unkind to rocky relationships. Continue reading ›