Category Archives: Adoption

The Trial Court Erred by Not Referring Case to Mediation

                                 

In the case of D.A. v. R.C. after reviewing the record developed before the Family Part in a custody matter where there were disputed issues of fact, the Appellate Court agreed with defendant’s arguments and remanded this matter for the trial judge to refer this matter to mediation as required under Rule 5:8-1. The Appellate Court stated that ‘If mediation fails to resolve the custody and parenting time issues raised by the parties, the judge shall then conduct a plenary hearing to resolve the factual disputes contained in the parties’ account of events, and thereafter place on the record his factual findings and conclusions of law as required by N.J.S.A. 9:2-4(f) and Rule 1:7-4(a). As part of this hearing, the judge must comply with the requirements of Rule 5:8-6 by either interviewing the parties’ now sixteen-year-old son concerning the custody and parenting time issues raised by his parents, or otherwise place on the record the reasons for his decision not to interview this child. In reaching this decision, the judge must consider the factors outlined in N.J.S.A. 9:2-4(c), including “the preference of the child,” given his age and capacity to reason.’

To read entire opinion go to: http://law.justia.com/cases/new-jersey/appellate-division-published/2014/a4030-12.html

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ADOPTION LEGISLATION OPENS DOOR FOR CONTACT WITH BIOLOGICAL FAMILY

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Gov. Chris Christie announced Monday he would support a law enabling adoptees to obtain their birth certificates. A previous court decision had sealed adoption records since 1940.The governor however, has requested that the law not take effect until 2017, allowing parents time to decide whether they wanted to be found.60s.s views had changed, and that New Jersey needed to catch up. Once signed into law, New Jersey will be the 12th state to provide access to birth certificates in addition to Alabama, Alaska, Delaware, Illinois, Kansas, Maine, New Hampshire, Ohio, Oregon, Rhode Island and Tennessee.

The compromise legislation allows birth parents to submit a form to the state Health Department saying whether they want direct contact, contact through an intermediary, or no contact and their name redacted. Birth parents who surrendered a child before Aug. 1, 2015, would have until Dec. 31, 2016, to submit the form.

For adoptions finalized after Aug. 1, 2015, birth certificates would be available in their entirety, and birth parents would be able to submit a form indicating their preference. Under the legislation, a birth parent who requests no contact will be encouraged to provide the Health Department with updated family information every 10 years until age 40, and once every five years after that. In addition, the state will notify the adoptee when information is added.

Adoptees over age 18, their children, brothers and sisters, husbands and wives, or adoptive parents or guardians would be able to request a copy of the original birth certificate, the birth parents’ preference on how or whether to be contacted, and other pertinent family information.