NJSBA Family Law Section

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

Assuming that the daughter is not doing anything criminal I don't see how the police could intervene because she is clearly acting with the "consent" of one of the owners. If she is really a problem it may be necessary to join her into the proceedings.

Sandy

Sent from my iPhone


Original Message------

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

Thanks, Sandy. As it happens, some of the things the daughter has done in the recent past are arguably criminal. Further, if our motion is granted and the mother ordered to stop hindering the sale, I would think her ability to consent to her daughter hindering the sale on her behalf would end.

I will talk to my client about what it would involve to join her in the proceeding and whether that's worth it at this point.

-------------------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------


Original Message:
Sent: 11-05-2014 14:23
From: T. Sandberg Durst
Subject: Any Family Court jurisdiction over adult child?

Assuming that the daughter is not doing anything criminal I don't see how the police could intervene because she is clearly acting with the "consent" of one of the owners. If she is really a problem it may be necessary to join her into the proceedings.

Sandy

Sent from my iPhone

I have also asked that my client be appointed as a power of attorney over the offending spouse for the limited purpose of effectuating the sale.

Good luck-
Sandy

T. Sandberg Durst, Esq.
The Durst Firm, LLC
186 South Broad Street
2nd Floor
Trenton, NJ 08608
609.436.9079 (p)
609-228-8280 (f)
www.thedurstfirm.com<http: www.thedurstfirm.com/="">

[Durst_logo_slogan]
The information contained in this e-mail is intended only for the personal and confidential use of th recipient(s) names above. This message may be an attorney-client communicaton, and as such, is privileged and confidential. If you have received this e-mail in error, please notify the sender immedialtey and delete the original message,


Original Message------

Thanks, Sandy. As it happens, some of the things the daughter has done in the recent past are arguably criminal. Further, if our motion is granted and the mother ordered to stop hindering the sale, I would think her ability to consent to her daughter hindering the sale on her behalf would end.

I will talk to my client about what it would involve to join her in the proceeding and whether that's worth it at this point.

-------------------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------


Original Message:
Sent: 11-05-2014 14:23
From: T. Sandberg Durst
Subject: Any Family Court jurisdiction over adult child?

Assuming that the daughter is not doing anything criminal I don't see how the police could intervene because she is clearly acting with the "consent" of one of the owners. If she is really a problem it may be necessary to join her into the proceedings.

Sandy

Sent from my iPhone






</http:>

Ask the Court to appoint a special master with authority to control the sale, sign documents, etc. at the wife's expense.


Original Message------

Thanks, Sandy. As it happens, some of the things the daughter has done in the recent past are arguably criminal. Further, if our motion is granted and the mother ordered to stop hindering the sale, I would think her ability to consent to her daughter hindering the sale on her behalf would end.

I will talk to my client about what it would involve to join her in the proceeding and whether that's worth it at this point.

-------------------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------


Original Message:
Sent: 11-05-2014 14:23
From: T. Sandberg Durst
Subject: Any Family Court jurisdiction over adult child?

Assuming that the daughter is not doing anything criminal I don't see how the police could intervene because she is clearly acting with the "consent" of one of the owners. If she is really a problem it may be necessary to join her into the proceedings.

Sandy

Sent from my iPhone

As part of motion petition Court to have a special fiscal agentappointed to sell house. The agent can deal with any obstructionist behavior  on the part of the daughter including making her a party. Research "special fiscal agent" lots of good cases on that. I can probably find them 

-------------------------------------------
Francis Grather Esq.
Morristown NJ
(973)292-9222
-------------------------------------------


Original Message:
Sent: 11-05-2014 13:51
From: C. Megan Oltman
Subject: Any Family Court jurisdiction over adult child?

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

Hi everyone,



I am looking for a family law atty in Cape May county who is well versed in
emergency jurisdiction for custody purposes under the UCCJEA please.

Thanks so much!



Lisa



Lisa Stein-Browning, Esq.

Gianos & Phillips, LLC

908-735-4126 x 220

Fax 908-735-2017


Original Message------

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

Lisa Radell

Marcia DePolo, Esq.
CARUSO SMITH PICINI PC
60 Route 46 East
Fairfield, NJ 07004
ph: 973-667-6000 ext. 210
fax: 973-667-1200
[email protected]<mailto:[email protected]>

CONFIDENTIAL - This electronic transmission, including any attachment, contains information which may be confidential or legally privileged. This information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, disseminate, or otherwise use the contents of this information. If you receive this electronic transmission in error, please immediately notify the sender by telephone at (973) 667-6000 or by electronic mail at [email protected]<mailto:[email protected]> and delete this message. Please note that if this electronic transmission contains a forwarded message or is a reply to a prior message, some or all of the contents of this electronic transmission may not have been produced by Caruso Smith Picini, P.C.


Original Message------

Hi everyone,



I am looking for a family law atty in Cape May county who is well versed in
emergency jurisdiction for custody purposes under the UCCJEA please.

Thanks so much!



Lisa



Lisa Stein-Browning, Esq.

Gianos & Phillips, LLC

908-735-4126 x 220

Fax 908-735-2017

</mailto:[email protected]></mailto:[email protected]>

For whatever it's worth to hear another colleague chime in... I agree that the best options are (1) join the adult stepdaughter, or (2) move to have the ex removed / evicted so the sale can proceed.  Which choice is better depends on the rest of the facts of the case.

-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------
<mailto:[email protected]><mailto:[email protected]>
</mailto:[email protected]></mailto:[email protected]>

Try filing a writ of ejectment in tenancy court (or law div), asking for possession against anyone not a tenant, who is also not entitled to live there. Regular LL/T court only has JSD over a 'tenant'. Since the relative isn't subject to jurisdiction of family court - a Law Div judge sitting either there, or in Tenancy court, has jurisdiction over a writ of ejectment action. 

-------------------------------------------
David Bendush Esq.
Berkeley Heights NJ
(908) 771-0550
-------------------------------------------


Original Message:
Sent: 11-06-2014 12:32
From: David Perry Davis
Subject: Any Family Court jurisdiction over adult child?

For whatever it's worth to hear another colleague chime in... I agree that the best options are (1) join the adult stepdaughter, or (2) move to have the ex removed / evicted so the sale can proceed.  Which choice is better depends on the rest of the facts of the case.

-------------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
-------------------------------------------
<mailto:[email protected]><mailto:[email protected]>
</mailto:[email protected]></mailto:[email protected]>

I had a similar situation in a recent divorce case in Hunterdon County (albeit it wasn't an 18 month delay). I was successful in having my client appointed as attorney-in-fact for the other spouse so he had sole authority to sign all documents on the other spouse's behalf in connection with the listing and sale of the home.  I also was successful in forcing the other spouse to vacate the home while it was being listed due to her attempts to frustrate the sale.

In short, you should obtain a Court Order that gives your client sole authority to list and sell the home and remove all other persons from the home. Also include a provision that local law enforcement is directed to assist in effectuating the terms of the Order, if necessary.

-------------------------------------------
Blake Rush Esq.
Easton PA
(610)258-4003
-------------------------------------------


Original Message:
Sent: 11-05-2014 13:51
From: C. Megan Oltman
Subject: Any Family Court jurisdiction over adult child?

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

I once represented a family who was buying the marital home of another couple's divorce. The wife had an order that she could sign all documents as Blake describes below. It was a disaster as when we did the walk-through before Settlement, the husband was in the home and had packed nothing. His breakfast was on the table and all cabinets, closets etc were still full too. Settlement lasted nearly all day and the attorney for husband (who is now a superior court judge, believe it or not), screamed and carried on for hours (I was embarrassed for her behavior). We finally settled with the sellers paying for a hotel for the buyers (my "buyer" clients had three kids, one in a wheelchair with cerebral palsy), and kennel for all the family pets, plus a chunk of money off the asking price. But that wasn't the end. We escrowed money for needed repairs found on the walk through. After my clients did the repairs, husband's attorney would not release the escrowed money. I had to file a motion to intervene in the divorce and show up and argue it (the court ordered the money to be released to me). So-- please stay on top of the defendant in the home because she might totally ignore all court orders as happened in my case. BTW, husband finally moved out and my clients are very happy there, but I lost money because I represented them at settlement for a flat fee - and did so much work!


Carol A. Weil, RN, JD
Attorney at Law
1405 Chews Landing Rd., Ste. 8
Laurel Springs, NJ 08021
(856) 352-0050
Fax: (856) 352-0276


Original Message------

I had a similar situation in a recent divorce case in Hunterdon County (albeit it wasn't an 18 month delay). I was successful in having my client appointed as attorney-in-fact for the other spouse so he had sole authority to sign all documents on the other spouse's behalf in connection with the listing and sale of the home.  I also was successful in forcing the other spouse to vacate the home while it was being listed due to her attempts to frustrate the sale.

In short, you should obtain a Court Order that gives your client sole authority to list and sell the home and remove all other persons from the home. Also include a provision that local law enforcement is directed to assist in effectuating the terms of the Order, if necessary.

-------------------------------------------
Blake Rush Esq.
Easton PA
(610)258-4003
-------------------------------------------


Original Message:
Sent: 11-05-2014 13:51
From: C. Megan Oltman
Subject: Any Family Court jurisdiction over adult child?

Colleagues - In a post-judgment case where the former marital residence was ordered sold as of a certain date (almost 18 months ago), I am writing a motion to enforce litigants' rights against the defendant, who is living in the marital residence and has done everything she can to frustrate the sale. She is in fact at this point in violation of the judgment of divorce and three subsequent court orders. The parties' 25 year old emancipated daughter lives with the defendant and also has been aggressively working to prevent the sale. I told my client I do not believe the court has jurisdiction over the daughter who is not a party to the JOD or the subsequent orders. I believe if the daughter takes further action to frustrate the sale it would be a reason to call the police, but I am not anticipating trying to include her in this motion.

Thoughts?
 
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------

Thanks all - great thoughts and suggestions. In fact husband already got limited power of attorney from the judge to sign the listing agreement, but wife has utterly prevented any showings from taking place. I think it likely this sale will not happen unless we get the Defendant out first.

-------------------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------


Original Message:
Sent: 11-05-2014 15:40
From: Carol Weil
Subject: Any Family Court jurisdiction over adult child?

I once represented a family who was buying the marital home of another couple's divorce. The wife had an order that she could sign all documents as Blake describes below. It was a disaster as when we did the walk-through before Settlement, the husband was in the home and had packed nothing. His breakfast was on the table and all cabinets, closets etc were still full too. Settlement lasted nearly all day and the attorney for husband (who is now a superior court judge, believe it or not), screamed and carried on for hours (I was embarrassed for her behavior). We finally settled with the sellers paying for a hotel for the buyers (my "buyer" clients had three kids, one in a wheelchair with cerebral palsy), and kennel for all the family pets, plus a chunk of money off the asking price. But that wasn't the end. We escrowed money for needed repairs found on the walk through. After my clients did the repairs, husband's attorney would not release the escrowed money. I had to file a motion to intervene in the divorce and show up and argue it (the court ordered the money to be released to me). So-- please stay on top of the defendant in the home because she might totally ignore all court orders as happened in my case. BTW, husband finally moved out and my clients are very happy there, but I lost money because I represented them at settlement for a flat fee - and did so much work!


Carol A. Weil, RN, JD
Attorney at Law
1405 Chews Landing Rd., Ste. 8
Laurel Springs, NJ 08021
(856) 352-0050
Fax: (856) 352-0276

I have seen this type of situation. The judge has to order her removed by the Sheriff by a date certain if she will not let anybody in to show the house. It is within the judge's equitable powers and I would seek to join the adult daughter into the case for this purpose. Get a certification from the realtor.

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
-------------------------------------------


Original Message:
Sent: 11-05-2014 16:07
From: C. Megan Oltman
Subject: Any Family Court jurisdiction over adult child?

Thanks all - great thoughts and suggestions. In fact husband already got limited power of attorney from the judge to sign the listing agreement, but wife has utterly prevented any showings from taking place. I think it likely this sale will not happen unless we get the Defendant out first.

-------------------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609)947-0784
-------------------------------------------


Original Message:
Sent: 11-05-2014 15:40
From: Carol Weil
Subject: Any Family Court jurisdiction over adult child?

I once represented a family who was buying the marital home of another couple's divorce. The wife had an order that she could sign all documents as Blake describes below. It was a disaster as when we did the walk-through before Settlement, the husband was in the home and had packed nothing. His breakfast was on the table and all cabinets, closets etc were still full too. Settlement lasted nearly all day and the attorney for husband (who is now a superior court judge, believe it or not), screamed and carried on for hours (I was embarrassed for her behavior). We finally settled with the sellers paying for a hotel for the buyers (my "buyer" clients had three kids, one in a wheelchair with cerebral palsy), and kennel for all the family pets, plus a chunk of money off the asking price. But that wasn't the end. We escrowed money for needed repairs found on the walk through. After my clients did the repairs, husband's attorney would not release the escrowed money. I had to file a motion to intervene in the divorce and show up and argue it (the court ordered the money to be released to me). So-- please stay on top of the defendant in the home because she might totally ignore all court orders as happened in my case. BTW, husband finally moved out and my clients are very happy there, but I lost money because I represented them at settlement for a flat fee - and did so much work!


Carol A. Weil, RN, JD
Attorney at Law
1405 Chews Landing Rd., Ste. 8
Laurel Springs, NJ 08021
(856) 352-0050
Fax: (856) 352-0276