Articles Tagged with UCCJEA

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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.

In this case, the parties married in 1993 and had three children.   By the time of the litigation the eldest child was an adult living in Israel, while the younger two lived with Plaintiff in Massachusetts.    The middle child was disabled and confined to a wheelchair and unable to speak or use his hands due to cerebral palsy.

In October, 2013 the New Jersey family court entered a final judgment as to custody and parenting time.  That custody judgment contained the defendant’s consent to allow the plaintiff to move with the children to Massachusetts no later than the beginning of the 2014/15 school year.  The judgment also contained the parties’ agreement that until the children were attending college or no longer living at home that the parties would maintain a residence no further apart than the 280 mile distance between the Boston area and the Northern New Jersey area.  The judgment set forth a parenting time schedule for Defendant and a holiday schedule, with the parties sharing use of a specialized van in order to accommodate the middle child’s special needs.  The parties consented to continued jurisdiction in New Jersey, and contained the parties’ irrevocable consent to submit to the jurisdiction of the courts of New Jersey for any future custody and parenting time disputes, as long as one parent resides in New Jersey.

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On Tuesday, August 11, 2015, a New York court ordered the children of the television “Gossip Girl” actress, Kelly Rutherford, to be returned to their father, Daniel Giersch,  who has been living with the children in Monaco since 2012. Rutherford and Giersch wed in 2007 and welcomed their first child, Hermes, the following year. The marriage soon broke down and Rutherford filed for divorce in California in 2009.  At the time, she was three months pregnant with their second child, Helena. Continue reading

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In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to gavelexercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B., the trial court made a determination  to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party.  Continue reading

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scalesIn my prior recent posting entitled, “Part One: The Issue of Domicile in Non-Custodial Divorce Cases – Is New Jersey Still My Home?“, I discussed how jurisdiction is determined in matrimonial cases that did not involve a custody dispute. Here, I will discuss how a New Jersey family court will determine whether New Jersey has jurisdiction to decide a custody dispute. Continue reading