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Archive for January, 2007

*All Posts,Domestic-violence,Harassment

A finding of a purpose to harass is informed by common sense and experience

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January 30, 2007 at 5:31 pm

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*All Posts,Child-visitation

The parenting time schedule suitable to protect this child’s needs should be determined after a hearing, with the opportunity for examination and cross-examination of the lay and the court appointed expert witnesses, and assessments of credibility

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January 30, 2007 at 2:48 pm

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*All Posts,Child-custody | Tags:

Family Part judges may, in the exercise of their discretion, utilize the services of experts, including parenting coordinators, to aid the litigants’ attempts to resolve disputes; however, just as a mediator may not act as an evaluator, a court appointed custody or parenting time evaluator cannot also serve the dual role as parenting coordinator

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January 30, 2007 at 8:41 am

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*All Posts,Criminal,Domestic-violence

A defendant is required to comply with a domestic violence TRO irrespective of whether that order is subsequently dismissed

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January 29, 2007 at 3:45 pm

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*All Posts,Pendente lite support | Tags: , ,

Pendente lite claims are nullified upon entry of the Final Judgment Of Divorce, unless specifically reserved in the final judgment

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January 26, 2007 at 8:40 am

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*All Posts,Domestic-violence,Harassment

Sending a series of email communications that do not contain threats to plaintiff’s person or property may constitutes domestic violence

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January 25, 2007 at 5:34 pm

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*All Posts,Counsel Fees,Divorce

One of the purposes of awarding attorney fees in a family action is to ensure that the economically-disadvantaged party can litigate on equal footing with her adversary

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January 25, 2007 at 4:45 pm

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*All Posts,Child-custody,Parental Rights

A parent has a constitutional right to due process when a change in the custody of a child has been requested, including the right to adequate notice and a fair opportunity to be heard

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January 24, 2007 at 3:53 pm

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*All Posts,Alternative Dispute Resolution,Arbitration,Litigation,Mediation,Real-estate | Tags:

The Condominium Act and the Planned Real Estate Development Full Disclosure Act mandate that Alternative Dispute Resolution (ADR) procedures be readily available as an alternative to litigation — litigation should be a last resort, not a first one

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January 23, 2007 at 5:38 pm

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*All Posts,Child-custody,Parental Rights | Tags:

Parents have a fundamental constitutional right to enjoy a relationship with and raise their children; which is tempered by the State’s parens patriae responsibility to protect the welfare of children — this delicate balance is achieved through application of the best interests of the child standard; in particular, parental fitness is the key to determining the best interests of the child in parental rights termination cases

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January 23, 2007 at 3:59 pm

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