When the Division of Child Protection and Permanency (DCPP) receives an allegation of abuse or neglect, they are mandated by law to investigate it. The investigation will end in one of four findings: Substantiated, Established, Not Established or Unfounded. “Established” and “Substantiated” are both considered findings of abuse or neglect and allow the accused party…
In a significant new decision, A.J. v. R.J., ___ N.J. Super. ___ (App. Div. 2019), the Appellate Division addressed both sanctions for violations of custody/parenting time Orders and confirmed that the interstate relocation standard established in Bisbing v. Bisbing must be applied to both interstate and intrastate relocation applications. Background The case stems from Plaintiff,…
The Courts in New Jersey have a specific set of forms and procedures for unmarried parents who are going through child-related legal disputes such as custody, parenting time, child support, college contribution, medical expenses, extracurricular activities, and camp expenses. The cases are handled by the Family Division and are referred to as “non-dissolution” matters and…
In today’s mobile and technologically advanced society, it is becoming more common for parents to live in different states from each other. When that happens, however, and a custody/parenting time dispute arises, in what court and what state should the dispute be addressed? While the law is designed to simplify the answer and ensure that…
Case of Dever v. Howell If you wish to relocate with your children out of New Jersey, you must follow proper protocol Pursuant to N.J.S.A. 9:2-2, which dictates that a child cannot be removed from the State of New Jersey unless agreed upon by the parties or permitted by Court Order. However, as recently demonstrated…
Family lawyers at this time of year know that with the holiday season comes custody and parenting time disputes. As suggested in my last blog post, getting a jump on these disputes before the midnight hour is the often the best way to proceed. Sometimes, however, it simply cannot be done and the family court…
Believe it or not, the time is here. Summer is no longer in the rearview mirror and Halloween is behind us (although the leftover candy remains). Thanksgiving, Chanukah, Christmas and New Year’s Eve are just around and the corner. Turkeys and pies, gifts, ugly sweaters, holiday music, decorations, parades, and champagne are just some of…
In E.S. v. H.A. were parents of a minor child. The parties separated in December 2008 following an contentious series of proceedings, including a domestic violence action. The parties’ marriage ultimately came to a conclusion by way of a consent judgment of divorce entered in September 2009. The only issues which remained open at the…
In order for a Court to hear a matter, it must have both subject matter jurisdiction over the issue and personal jurisdiction over the persons involved. The United States Supreme Court has ruled that subject matter jurisdiction “cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S.…
An issue that arises for some couples is the ability to carry a pregnancy to term through the traditional methods. The New Jersey Legislature has made surrogacy significantly easier and addresses a key issue that has been outstanding since the Baby M case in 1988. On May 31, 2018, New Jersey Governor Phil Murphy signed…