New Jersey Family Law

NEW JERSEY DIVORCE MEDIATION : INTERNATIONAL CUSTODY

The mother alleged her ex-husband wrongfully detained their daughter when she was 11. The District Court denied the petition, holding that there was no wrongful detention because the child's habitual residence was the United States. Mother appealed, arguing that the child habitually resided in Finland. Although this is a close case, the appellate court affirms. Prior to her retention, the daughter acclimatized to the U.S. From her perspective, there was a degree of settled purpose to remain in this country. The existence of shared parental intent to permit the girl to choose her country of residence bolsters this conclusion.    Karkkainen v. Kovalchuk, et al., United States Court of Appeals  [3d. Cir.], April 24, 2006

NEW JERSEY DIVORCE CUSTODY

The court reverses the Family Part order granting residential custody of the parties' 5 year-old daughter to the mother and granting visitation to the father every weekend, where the judge apparently did not consider the facts in the custody/parenting time report of the probation officer. The judge appears to have treated custody as settled, and the issue before him as one of visitation only, whereas the report raises concerns which require full consideration of the custody issue on remand.  Weatherington v. Gore, New Jersey App. Div., February 20, 2006

NEW JERSEY DIVORCE CUSTODY

The court affirms the father's conviction for interference with custody and contempt of court, based on the jury's finding that he took his son with the purpose of concealing him and depriving the mother of custody and, in so doing, knowingly disobeyed a pre-existing custody order.     State v. Ruutikainen, New Jersey App. Div., November 30, 2005

What Do The Children Think?

After their New Jersey divorce was finalized, the parties had a dispute concerning parenting time with respect to their 3 children, a 14 year old son and twin daughters aged 12. The trial judge made certain rulings after the dispute could not be resolved. But those rulings were remanded for further findings, the most critical of which required the court to interview each of the three children. Frank v. Supardi, New Jersey App. Division, April 27, 2005