New Jersey Family Law

CHATHAM MORRIS COUNTY NEW JERSEY DIVORCE CUSTODY MEDIATION MEDIATOR

An estranged couple whose case was in family court Monday may be on the cutting edge of marital disputes. The issue: whether their healthy, school-age daughter will be given the swine flu vaccine. Dad says yes; Mom says no. Barring a last minute agreement, a judge will decide. "I have independently researched the vaccine and I am not convinced it is proved safe," the child's mother told The Associated Press. "I feel it has been rushed through so quickly, under extreme circumstances, and I don't want my daughter exposed to it unless there are long-term studies." The mother, whose name cannot be released for legal reasons, said she is worried about possible long-range health problems that may develop far in the future, but she said the father insists their 9-year-old daughter get the vaccine. Associated Press, November 30, 2009

KENILWORTH UNION COUNTY NEW JERSEY CUSTODY CHILD REMOVAL MEDIATION LAWYER

There's a major lesson learned in this hotly-contested New Jersey custody and child removal litigation. If you forego your own expert and rely on the opinion of a court-appointed "neutral", you do so at your peril. Hrycak v. Hrycak, New Jersey App. Div., November 5, 2009

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE CUSTODY CRIMINAL INTERFERENCE

The trial for a woman who hid her daughter in Spain amid a custody battle with her ex-husband began yesterday, the latest in an international dispute baffling divorce attorneys, judges and diplomats. "This is not a custody case," the Prosecutor told jurors as the trial of Maria Jose Carrascosa opened in Hackensack, New Jersey. "This is a criminal case." Carrascosa, the daughter of a wealthy Spanish businessman, faces up to 10 years in prison on the charge of "interference with custody." She has been held at the Bergen County Jail for more than 3 years for violating a family court order requiring her to return the child to Bergen County. Her incarceration has not produced results, as Carrascosa remained defiant. "If God chose me to die in jail to protect my child, then I will have to do that," she said.     Bergen Record, November 4, 2009

RIDGEWOOD BERGEN COUNTY NEW JERSEY CUSTODY DIVORCE LAWYER MEDIATOR

The mother appealed from an award of custody to the biological father. Although the New Jersey divorce court was correct in denying her motion, it should have analysed the custody factors under the New Jersey statute, N.J.S.A. 9:2-4 The case is remanded for further proceedings. Betancourt v. Spratley, New Jersey App. Div., October 8, 2009

LEONIA CUSTODY DIVORCE MEDIATION LAWYER BERGEN COUNTY NEW JERSEY

Michael Jackson’s mother was granted temporary guardianship of his 3 children by a judge today and a hearing on permanent custody was scheduled for next week. Mr. Jackson’s mother, Katherine Jackson, 79, also petitioned to be named administrator of his estate. Then, Mr. Jackson’s father, Joe, held a disjointed news conference, during which he veered among his central topic, his plans for his new record company; his grandchildren, who he said were "happy"; and the private autopsy on his son, which the family ordered after findings of a county autopsy last Friday proved inconclusive. Mr. Jackson said that there would be no funeral until the outcome of the private autopsy, whose results, he said, he expects shortly.     The New York Times, June 30, 20O9

JERSEY CITY HUDSON COUNTY NEW JERSEY CHILD CUSTODY MEDIATION

A New Jersey father has won another round in his 5 year battle to get his son back. Brazil's Supreme Court refused to accept a bid by a political party to stop the 9-year-old boy from being returned to New Jersey to live with his father. But his return to New Jersey will not take place any time soon. Dismissing the bid, the Brazil Supreme Court ruled that a federal court in Rio de Janeiro should decide whether 9-year-old Sean Goldman returns to New Jersey to live with his father, David Goldman, or remain with his stepfamily in Brazil. The New Jersey father has been trying to get his son back for years. His wife took the boy to her native Brazil in 2004. She remarried there and died last year after giving birth to a daughter.   June 8, 2009

 

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge violated the mother's due process rights when he divested her of custody, and granted it to the father, without first holding a hearing at which witnesses could testify under oath and be subject to cross-examination. The New Jersey Supreme Court found the judge's ruling especially troubling, given a DYFS report saying the children should be returned to the mother, which both DYFS and the law guardian chose at the last minute to ignore.   Division of Youth and Family Services v. G.M.,     N.J.   , New Jersey Supreme Court, April 7, 2009

FORT LEE BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

At the 2007 New Jersey trial, in an effort to prove that the mother was abusing the child, the father presented the child's psychologist. Unbeknownst to the mother, the psychologist began treating the child in 2004. But the psychologist admitted he never spoke to the mother about the child or the abuse allegations. Neither the psychologist nor the father confronted the mother about the alleged abuse, reported it to any third-party or took steps to stop it. The New Jersey divorce judge properly found both the father and the psychologist not credible. Thus, the father failed to prove (a) the mother's unfitness or (b) jeopardy to the child's welfare. Change of custody was correctly denied.      Caccire v. Caccire, New Jersey App. Div., March 4, 2009

WESTWOOD BERGEN COUNTY NEW JERSEY DIVORCE LAWYER CHILD CUSTODY INTERVIEW

  "The daughter presented as a sensible and normal teenager, who was getting very good grades in school, had a part-time job, and had friends, including a boyfriend. The judge noted that the daughter was old enough to intelligently express her views regarding custody and visitation, and he accepted her statements that she wished to continue living with her father and that he was not maligning [the mother] or doing anything to prevent the daughter form visiting [the mother]...We summarily reject [the mother's] contention that the judge abused his discretion in conducting an in camera interview of the daughter and relying on her statements. The interview was authorized, see Rule 5:8-6, and the manner in which the judge conducted the interview was evenhanded and appropriate in all respects. The judge's assessment of the daughter's demeanor and credibility is entitled to our deference."     Olsher v. Gold, New Jersey App. Div., February 18, 2009

SUMMIT UNION COUNTY NEW JERSEY DIVORCE CUSTODY VISITATION LAWYER

The father sought an order that would increase his parenting time to 50 percent, direct a best interest/custody evaluation pursuant to Rule 5:8-1 and find the mother in contempt of court and in violation of litigant's rights because she refused to attend sessions with the parenting coordinator and had interfered with his parenting time.   Rimmer v. Loesch, New Jersey App. Div., February 11, 2009