New Jersey Family Law

MONTCLAIR MAPLEWOOD MILLBURN VERONA ESSEX COUNTY NJ MATRIMONIAL OVERNIGHT CHILD VISITATION

The father claimed the mother was in violation of their New Jersey divorce agreement, by having her "significant other" stay in the home for overnight visits.     Green v. Greenberg, New Jersey App. Div., January 8, 2013

ENGLEWOOD CLIFFS CLIFFSIDE PARK FRANKLIN LAKES ALPINE BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

 
Is $51,000 too much to pay for a Parent Coordinator in a New Jersey divorce action?     Segal v. Lynch, petition for certification pending; New Jersey Supreme Court, March 14, 2011

FLORHAM PARK MADISON MORRISTOWN CHATHAM MORRIS COUNTY NJ FAMILY MEDIATION LAWYER

 
In this appeal, the New Jersey Supreme Court considers the standards applicable to a sibling's request for visitation after the children are placed outside the home.      In the Matter of D.C. and D.C., Minors,      N.J.    (2010); New Jersey Supreme Court, October 7, 2010

　

HOBOKEN JERSEY CITY SECAUCUS HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

 
If this pending New Jersey family law legislation is enacted, both grandparent and sibling visitation would be barred by statute.      Assembly Bill 1378, March 26, 2010

MAHWAH BERGEN COUNTY NEW JERSEY SIBLING ATTORNEY MEDIATION

T.R., now an adult, appeals an order denying her application for visitation with her 7 year old sister, who is currently in the custody of their mother. Deferring to the trial court’s experience and familiarity with the dynamics of this family, the motion is denied. In addition, it was unnecessary to rule on the argument that the unique nature of the sibling relationship justifies a different analysis than that applied to grandparent visitation.   T.R. v. L.R., New Jersey App. Div., January 12, 2009

HAWTHORNE PASSAIC COUNTY NEW JERSEY SUPERVISED VISITATION

The New Jersey divorce judge ordered supervised visitation for the father with the parties’ child due to his health issues. The mother appealed from an order granting parenting time to the father, under the supervision of his mother and sister. On appeal, held that this was a correct exercise of discretion, and the decision is affirmed.    Burgos v. Burgos, New Jersey App. Div., June 19, 2008         http://www.judiciary.state.nj.us/opinions/a0361-07.pdf

LIVINGSTON NEW JERSEY ESSEX COUNTY VISITATION MEDIATION LAWYER

The trial judge's various parenting/visitation decisions are reversed. It was error to suspend the father's parenting time indefinitely and require him to attend therapy without a plenary hearing. Therefore, the matter is remanded for such a hearing at which both parties shall have the right to present all relevant evidence, both lay and expert, bearing upon the issue of defendant's relationship with his children. Although the judge found that defendant was putting pressure on his children in bad-mouthing his ex-wife, his rights should not be denied unless it is determined clearly and convincingly that this is one of those exceptional cases where visitation would cause physical or emotional harm to the children, or unless defendant were determined to be unfit.       Chantzis v. Chantzis, New Jersey App. Div., February 2, 2008

HACKENSACK NEW JERSEY BERGEN COUNTY DIVORCE MEDIATOR

The mother appeals the decision of the New Jersey divorce judge who (1) eliminated the requirement that the father's parenting time be supervised; (2) vacated the prohibition on the father's driving the parties' daughter; and (3) revised the parenting time schedule without referring the parties to mediation. She also appeals the finding that defendant was not in violation of litigant's rights, but that the mother violated defendant's rights by interfering with his parenting time. The appellate panel affirms the elimination of the restrictions on defendant's parenting time, but remands for a statement of reasons on the issue of the mother's. Also, the trial court must state the reasons for not referring the parties to mediation before setting a visitation schedule.      Heller v. Heller, III, New Jersey App. Div., December 14, 2007

RIDGEWOOD NEW JERSEY DIVORCE MEDIATOR

The New Jersey judgment of divorce conditioned the mother’s parenting time with parties’ children, who were in the physical custody of the father, on the children’s consent. But, according to the mother, she had not had parenting time with the children since the judgment was entered. Because the New Jersey divorce judge did not explain the decision to condition the mother’s parenting time on the children’s consent, and stated no reasons why that decision was in the best interests of the children, there could be no meaningful appellate review, and remand was required for reconsideration of the parenting-time issue and for further findings of fact and conclusions of law.     Parcel v. Parcel, New Jersey App. Div., May 28, 2007

SHORT HILLS DIVORCE ATTORNEY

The ex-husband moved to prohibit ex-wife's friend, Steven, from having any contact with the parties’ two daughters. She initially consented, but later moved unsuccessfully to discontinue the restraint. Because the restraint was based on nothing other than a disputed, vague and unsubstantiated allegation that Steven had allegedly spanked the girls, it is reversed. The judge was not free to accept the disputed allegation without hearing testimony or affording the right of cross-examination.     Miller v. Miller, New Jersey App. Div., October 16, 2006