Tag Archives: custody

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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The Modern Soldier and His/Her Battle for Custody

On January 25th, Governor Christie passed a bill that protects Military men and women from loosing custody of their children due to being deployed/ receiving treatment post deployment.

The law protects these men and women from having the court make changes to their custody agreement while they are away, and up to 90 days after they return. They are not allowed to deem these men and women as unfit parents just because they are/ were away serving out of the country as long as they have a written notice of deployment or post-deployment treatments. The temporary guardian, of these children, must legally set aside time for the children to interact with their mother or father, such as over the phone or by video messaging.

However, this new law does not stop the court from changing the agreement, and potentially taking away custody, if it comes to the attention of the court that the child, or children, are considered in danger.

For more information: Source

Photo by: S Braswell