Law lessons from BLANKE v. BLANKE
Appellate Division, A-4395-06T1, May 29, 2008.

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The matter of visitation is so important, especially during the formative years of a child, that if a plenary hearing will better enable a court to fashion a plan of visitation more commensurate with a child’s welfare, the court must hold one, even if the parties have waived it. Wagner v. Wagner , 165 N.J. Super. 553 , 555 (App. Div. 1979), certif. denied , 85 N.J. 93 (1980).

When the court is charged with permitting, proscribing or restricting a child’s caregiver’s contact with a child, the judge should hold an evidentiary hearing to determine whether the alleged caregiver presents any threat to the child, and if so, the proper restraints. See Fusco v. Fusco , 186 N.J. Super. 321 , 327 (App. Div. 1982).

The visitation issue should not be made on the basis of conflicting certifications — it must be made with an evidentiary basis stemming from the examination and cross-examination of witnesses.