Tag Archives: Twitter

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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How Twitter and Facebook are becoming Weapons in the Court Room

Could Social Media lead to your downfall in the courtroom?

Over time, as the world and technology changes, new battle strategies have to be invented in order to be deemed victorious. This poses true for not only war, but for court room battles as well, and these new battle strategies involve social media.

As our society slides into an age where “over sharing” is in and privacy is out, we need to become more mindful of what we post on sites such as twitter and Facebook. Users no longer have a filter and post anything and everything, ranging from what they had for breakfast to more intimate details about sexual encounters or the drugs they did over the weekend, sometimes even including pictures. At the time of posting this information the user might think, “Who cares, my page is private and the only people who are going to see this are my friends.” However, years down the road when the user is going through a nasty divorce, this information might resurface in the court room.

Both women and men have begun using old and new Facebook/ Twitter posts in order to prove infidelity or the fact that one parent is not suitable for custody of the children involved. Twitter, for example, is allowing users to download reports, dating back to the very first day the account was created, of any and all statuses posted which could potentially be used as evidence against you.

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*Photo by: Gabriella Fabbri