Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s request. This authority to conduct interviews furthers a judge’s ability to…
Continue Reading Decision to Forgo Interview of Special Needs Child in Custody Determination AffirmedCan a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
Very often, victims or purported victims of domestic violence hear about the concept of the…
Continue Reading Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?In November of 2023, I did a post on this blog titled The Intersection of…
Continue Reading More on the Intersection of Family Law, Estate Law and Federal LawCan Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
Prior acts which have been adjudicated not to be domestic violence cannot be raised in…
Continue Reading Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?Subscribe to NJ Family Law Blog
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Yes, A Court can Enjoin a Party From Pursuing Litigation in Another Jurisdiction
A New Jersey Court can enjoin a party from pursuing a foreign law suit meant to frustrate a New Jersey decision
Continue Reading Yes, A Court can Enjoin a Party From Pursuing Litigation in Another JurisdictionNew Year’s resolution divorces are common
Continue Reading The New Year’s Resolution Divorce – 2025 EditionWas the Litigation for An Increase in Child Support Really Worth it When The Payor’s Income Only Went Up By $28,000?
In high income cases, unlike alimony, which can be bigger numbers, child support is usually much less. Moreover, since even in high income/over guidelines cases, you have to start by…
Continue Reading Was the Litigation for An Increase in Child Support Really Worth it When The Payor’s Income Only Went Up By $28,000?Interviewing a 4 year old in a custody case was a bad idea
Continue Reading Maybe A Judicial Interview of a 4 Year Old Wasn’t a Great IdeaWhat To Do/What Not to Do When the Other Parent Removes Children to Another State
Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 (which we previously blogged on), relocation got more difficult because…
Continue Reading What To Do/What Not to Do When the Other Parent Removes Children to Another StateOnce Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”
As I have blogged here before, despite it not being the law and not really supported by the social science, many judges and even many custody experts have taken the…
Continue Reading Once Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. …
Continue Reading Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on CredibilityMoving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders…
Continue Reading Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify CustodyAbout this Blog
Family law issues frequently involve a complex mixture of emotion, history, assets and goals. Fox Rothschild’s experienced family law attorneys provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.