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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 the9-08-3-300x225 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

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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 theIMG_6784-300x200 midst of a divorce is it almost impossible for one to see the new beginnings that lay before them. Continue reading

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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no.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 d744f80a269bdfa75c34d7830ed52c13-300x200restraining 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

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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 of296050aba1c021ff4a7e4cab0ed498d2-1-300x200 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

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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 7df9a9b7f03c042ccdfba2b0252bb070-300x200dissolution 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

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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

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file701299029783-300x255In 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

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This week the Northern Hemisphere celebrated the Summer Solstice which marks the longest day of the year and the official start of the summer season. The month of June also brings with it the end of the school here in New Jersey and the many high school graduations. In New Jersey, approximately 70% of those graduates are enrolled to start college in the months ahead. For most families, once the euphoria of graduation wears off and celebratory balloons begin to deflate, it does not take long for the anxiety related the costs, both emotional and mainly financial, associated with a child[en]’s attendance at college to set in. The stress associated with the process can also be magnified in situations where the parties are divorced. Continue reading

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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.

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For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based upon the actual time spent working on the case at an hourly rate and charged against an initial retainer amount to be paid by the client. When prospective client asks how much in legal fees the divorce will cost, I explain that there are too many variables to give a precise estimate, including the number and complexity of the issues involved, the level to which those issues are contested, the reasonableness of the other spouse and/or attorney in regards to their positions, cooperation and/or course of conduct during the process, and the extent litigation or court involvement is needed to resolve those issues. Continue reading