NJSBA Family Law Section

DPD,

At the last Burlington County Bench/Bar this issue came up.  One of the Family Part judges explained why he does not grant motions to hold someone in contempt but will enter an enforcement of litigant's rights order. 

It is as you thought. The procedures for a contempt application written into R. 1:10-2 and the procedures for ELR under 1:10-3 are different.  A normal motion does not meet the requirements of 1:10-2 even if the remedy under both rules could be the same.

Andrew

Andrew L. Rochester, Esquire

Morgenstern & Rochester

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If you want the actual contempt sanctions, including arrest, you have to serve that party personally, I believe.

Read 1:10-3 and 1:10-5.

Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.

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