NJSBA Family Law Section

 View Only
Cosmo Lex
Back to discussions
Expand all | Collapse all

Change of Venue

  • 1.  Change of Venue

    Posted 01-20-2015 09:32 AM

    I represent mother of two children, 13 and 10, who has sole legal and physical custody of them.  Father did not want any contact or communication with children in MSA and has not seen them in 10 years (he has never seen the 10 year old child).  Parties were divorced in a northern NJ county.  Subsequently father moved to NY and mother moved to central NJ county and has lived there with children for 8 years.  Father is still in NY.  Recently father has been making noises about wanting parenting-time with children but has not filed a motion.  My client would like to change venue to her new county of residence.  Rule 4:3-3 (a)(4) and the case of Loonan v. Marino support the proposition that a change in venue would be appropriate.  However, would the court address the issue of a transfer in and of itself without any other underlying relief requested?  Would I have to wait until the father moved for parenting-time and then cross-move for a transfer?  My client is understandably upset about this turn of events and would like to have the case in her county of residence in advance.  Any thoughts or comments would be greatly appreciated.  Thank you.

    Kathy Wagner
    ------------------------------
    Katherine Wagner Esq.
    Somerville NJ
    (908)526-0099
    ------------------------------



  • 2.  RE: Change of Venue

    Posted 01-20-2015 09:41 AM
    Kathy:  My experience with FD cases is that the court would respolve the underlying issues and then transfer the case to the other county.  However, it would make sense that issues of custody and parenting time be resolved in the child's home county in the event the court orders investigations, etc.

    ------------------------------
    Mitchell Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ
    ------------------------------


    Original Message


  • 3.  RE: Change of Venue

    Posted 01-20-2015 09:43 AM
    Hi,

    My recommendation and experience have been that once the Father files, you
    can file to change venue. Making it a defensive rather than offensive move.

    Best,

    Diana Schimmel

    On Tue, Jan 20, 2015 at 9:41 AM, Mitchell Steinhart via New Jersey State


    Original Message


  • 4.  RE: Change of Venue

    Posted 01-20-2015 01:41 PM
    I agree that you should file for a change of venue once Dad files something.

    Gary L. Borger, Esquire
    [BM logo]

    1415 Marlton Pike (Route 70) East, Suite 305
    Cherry Hill, NJ 08034-2210
    Phone: (856) 424-3444
    Cell: (856) 308-6158
    Fax: (856) 424-3690
    E-mail: [email protected]<mailto:[email protected]>
    Website: www.njfamilylaw.net<http: www.njfamilylaw.net/="">

    P Consider the environment before printing this e-mail.


    Original Message


  • 5.  RE: Change of Venue

    Posted 01-20-2015 03:23 PM

    What if the parties in a similar situation were to reach an agreement and need to file a Consent Order ... Where would one file the Consent Order, in the last Court which had jurisdiction even though no one continues to currently reside there? Does it matter if there is objection/consent to transfer venue?  And that no motion is pending anywhere?

    I have a similar issue brewing. Thanks in advance. 

    ------------------------------
    Kimberly Jinks Esq.
    Princeton NJ
    (609)803-3100
    ------------------------------


    Original Message


  • 6.  RE: Change of Venue

    Posted 01-20-2015 03:34 PM
    I have brought a motion to change venue with no other issues. If you will need court intervention in the future, you will have to file a motion to change venue at the same time as you file for other relief, but the request to change venue must be decided first. Then, if granted, the motion must be transferred to the new county where it will have to be docketed and put on the calendar. At a minimum, if everything goes smoothly and the transfer takes place immediately upon entry of the order, it will take more than two motion cycles. The process of transferring from one county to another is not always reliable or particularly prompt. In the past, I have had to continually follow up and still wait several months to get the file properly transferred and on the motion calendar in the new county. If you know you will want a different venue, I would say file your motion to transfer now, and avoid problems later.

    Amy Wechsler, Esq.
    Matrimonial Attorney, Mediator and
    Collaborative Practitioner
    Shimalla, Wechsler, Lepp & D'Onofrio, LLP
    101 Town Center Dr., Suite 117
    Warren, New Jersey 07059
    908-753-3833
    908-753-4189 (fax)
    www.swldfamilylaw.com


    Original Message


  • 7.  RE: Change of Venue

    Posted 01-20-2015 03:46 PM
    I agree with Amy. I also have brought motions to change venue with no other
    issues pending. My experience has been that many judges will deny the
    motion to change venue if other substantive issues have been raised.
    Sometimes the judge in the first county may be unwilling to relinquish the
    case until such time as the matter is resolved - meaning, plenary hearings
    have been conducted and decisions have been written. You run the risk by
    waiting until Dad files that this may occur.



    ----

    Allison C. Williams, Esq.

    http://www.nblsc.us/site/content/images/pics/njsc105x105.gifcid:image002.png
    @01D01E95.C053C460 http://www.aaml.org/sites/all/themes/AAML2012/logo.png

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Certified Family Law Trial Attorney, National Board of Trial Advocacy

    Fellow, American Academy of Matrimonial Lawyers


    The Williams Law group, LLC
    1945 Morris Avenue, 2nd Floor
    Union, New Jersey 07083
    Ph: (908) 810-1083
    Fx: (908) 810-1087

    <http: newjerseydyfsdefense.com/=""> http://newjerseydyfsdefense.com

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

    ***THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
    WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
    CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER
    OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT
    RESPONSIBLE FOR DELIVERING THIS MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
    HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
    COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
    COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.***







    ---
    This email is free from viruses and malware because avast! Antivirus protection is active.
    http://www.avast.com


    Original Message


  • 8.  RE: Change of Venue

    Posted 01-20-2015 07:21 PM
    But-a judge could deny the motion if nothing is pending by the motion to change venue...... (even though every judge and vicinage loves to dump a case when that can be done).

    Gary L. Borger, Esquire
    [BM logo]

    1415 Marlton Pike (Route 70) East, Suite 305
    Cherry Hill, NJ 08034-2210
    Phone: (856) 424-3444
    Cell: (856) 308-6158
    Fax: (856) 424-3690
    E-mail: [email protected]<mailto:[email protected]>
    Website: www.njfamilylaw.net<http: www.njfamilylaw.net/="">

    P Consider the environment before printing this e-mail.


    Original Message


  • 9.  RE: Change of Venue

    Posted 01-20-2015 10:11 PM
    The consent order gets filed in the present county of venue. Same as where the motion would be filed.


    Original Message


  • 10.  RE: Change of Venue

    Posted 01-21-2015 02:52 PM

    Kathy,

    I have had this issue arise in 2 different cases in 2 different counties. In both I was told byt eh COurt that they could not transfer venue with work pending. So as a result the original county decided the motion and then venue was changed. So if you wait for the other side to file a motion with substantive relief in the originating county and you file a cross motion seeking a change in venue, the change will probably have to wait until the substantive relief is granted. And then you have to deal with the transfer of the file which, depending on how long it takes could effect any further review dates if any reports are ordered.So if you want tthe venue to be more local to your client, I would file the change in venue motion first.

    In addition, the change of venue is not an issue for the judge determining the underlying issues. It is either the presiding or assignment judge who determines the change of venue. So he/she probably would not sign a change of venue while work was pending. I think, however it is a foregone conclusion that venue will change if no one is residing in the original county anymore.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------


    Original Message


  • 11.  RE: Change of Venue

    Posted 01-21-2015 03:01 PM
    I've done this twice in the past few months. Both times I simply filed a motion for change of venue in the original county informing the court that my client wishes to file a subsequent motion in the new county.  Both times, the judge got an order from the Assignment Judge to transfer venue.  The Order was then sent to the new county and the file followed.  Both times, it took a while to get the actual file transferred but I proceed with my substantive motions once the orders to transfer were filed in the new county.   

    ------------------------------
    Andrew Bestafka Esq.
    Freehold NJ
    (732)898-2378
    ------------------------------


    Original Message