Articles Tagged with mediation

covid19-300x200Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that we engage in “social distancing” and stay at home for the indefinite future.

Families all over the State are concerned about their children’s health and well-being, not to mention family finances due to the number of people who have lost jobs, been furloughed or suffered from cuts in pay or hours.  Existing arrangements for custody and parenting time were designed for normal circumstances, not necessarily for unprecedented times such as these.

Questions may arise as to how  separated parents address custody, parenting time and child support issues.  To what extent do existing orders have to be followed? Generally, many existing agreements or orders for parenting time can and should be followed.  However, can a parent withhold or refuse parenting time?  What happens if a parent or child is exposed to the coronavirus or is at heightened risk of exposure?  What if a parent, child or family member begins to exhibit symptoms?  How should parents accommodate a household that has an elderly family member or a family member with a health condition which makes COVID-19 particularly deadly?  What if one of the parents lives out of state and the child has to travel some extended distance?  What if the households do not have the same social distancing practices?   Can both parents’ homes accommodate educating the children while school is closed?  Should parenting time be modified to reflect that both parents are home more either due to having lost their jobs or they are working from home?

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 ›

Last week, we wrote a blog post discussing the New Jersey Supreme Court’s recent enactment of Rule 5:1-5 which sets forth standards and procedures governing the arbitration of divorce matters. The Supreme Court codified recent case law which had addressed questions arising over the parties’ use of the arbitration process to resolve issues related to their divorce proceeding, rather than continuing to pursue litigation through the court system and having a judge decide the issues in their case. In so doing, the Supreme Court was furthering the policy that has evolved in recent years encouraging the use of complimentary or alternative dispute resolution (ADR) proceedings as a means to help parties settle cases and/or divert cases from a growingly overburdened judicial system. Continue reading ›

The Appellate Division recently handed down a clear and unambiguous message to triall courts and litigators alike regarding custody disputes and how they should be handled procedurally, regardless of whether the case is pre- or post-judgment.  The case, entitled D.A. v. R.C., involved the biological parents of a fourteen (14) year old boy each seeking to be designated as the parent of primary residence approximately ten (10) years after entering into a consent order resolving all issues of custody between them.  Continue reading ›

Governor Chris Christie signed into law the New Jersey Collaborative Law Act (the “Act”) on September 10, 2014. The intent of the legislation is to provide uniformity in collaborative law throughout the State in family law disputes. Collaborative law affords parties a way to resolve family law disputes without intervention of the courts. The parties work with a team of professionals to reach a settlement agreement. Continue reading ›

file0001073676107It is not always commonplace for case law in the State of New Jersey to come down in quick succession that will totally change the landscape of an area of law.  However, that is just what has happened with regards to Alternative Dispute Resolution (ADR) thanks to the recent decisions handed down by the Supreme Court of New Jersey and the Appellate Division in the past two (2) months.  Continue reading ›

625807_the_rings     The process of deciding and moving towards a divorce is a vexing and stressful time for anyone.  We ask our friends and families questions:  some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned.   Continue reading ›