NJSBA Family Law Section

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  • 1.  Changes Abound in Court's omnibus rules and appendices amendments changes go into effect Sept. 1

    Posted 08-18-2017 12:11 PM

    Hello Family Law Section members,

    In this week's Capitol Report, NJSBA Director of Government Affairs Lisa Chapland, Esq. prepared a review of rule changes the Supreme Court issued in its omnibus amendments to the Rules of Court, effective Sept. 1.

    A majority of the changes are contained within Section 3, dealing with the Appellate Division, and Section 5, dealing with the family part.

    CLICK HERE to read this week's Capitol Report.

    All the best,
    Barbara



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    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
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  • 2.  RE: Changes Abound in Court's omnibus rules and appendices amendments changes go into effect Sept. 1

    Posted 08-18-2017 04:57 PM
    Good article.  Here's a quick run-down. Jumping out at me is the requirement that a summons be filed within 60 days. We used to have up to four months before there would be a dismissal warning for non-prosecution.
    Effective 9/1:
    PART V - CHANCERY DIVISION - FAMILY PART
    R. 5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions; Withdrawal. This rule was amended to require that attorney fee applications in family part actions be accompanied by an affidavit of services, the content of which is prescribed under what is now paragraph (d). The formerly numbered paragraph (d) is now re-numbered (e) with the addition of subparagraph (3), allowing courts to sever motions to be relieved as counsel from other relief sought and directing courts to decide the withdrawal motion first.
    R. 5:3-7. Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, Financial Maintenance, Support, or Domestic Violence Restraining Orders. Paragraph (b) was amended to add financial maintenance to the enumerated list of orders subject to the remedies provided under the rule, in recognition of the adoption of N.J.S. 2A:17-56.67e which uses that term in providing for support of children over 23 years of age.
    R. 5:4-2. Complaint. Paragraph (a)(2) of this rule was amended to require that a dissolution complaint specify whether a civil union or domestic partnership exists between the parties and if so, whether termination of that relationship is sought. Paragraph (f) was amended to clarify that the list of known insurance coverage shall include homeowner, renter, long-term care and disability policies.
    R. 5:4-5. Issuance of Summons for Dissolution Complaints. This new rule was adopted to require a plaintiff in a dissolution matter to issue a summons to the complaint within 60 days of its filing or face dismissal of the action for failing to do so.
    R. 5:6-9. Termination of Child Support Obligations. This new rule was adopted to govern the termination of child support obligations and includes wide ranging procedurals and provisions related to that subject.
    R. 5:7-1. Venue. This rule was amended to specify that non-residents may seek dissolution of a domestic partnership in the county in which the certificate for such partnership is filed when a forum is otherwise unavailable to them. Similarly, non-residents may seek dissolution of a civil union in the county in which the union was solemnized.
    R. 5:7A. Domestic Violence; Restraining Orders. This rule was amended to include domestic violence hearing officers as persons authorized to take testimony in connection with applications for a temporary restraining order.
    R. 5:7B. Sexual Assault Survivor Protection Act: Protective Orders. This new rule was adopted to establish procedures for obtaining temporary and final protective orders under the Sexual Assault Survivor Protection Act, N.J.S. 2C:14-13 et seq.
    R. 5:7C. Limitations on Pretrial Incarceration. This new rule was adopted to establish limitations on pretrial incarceration and the procedures governing release therefrom.
    R. 5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or Order. Paragraph (a) of this rule was revised to mandate the timeframe within which to file the Custody and Parenting Time/Visitation Plan under the circumstances described under the rule.
    R. 5:10-4. Surrogate Action. In furtherance of providing notice and an opportunity to be heard, paragraph (b) of the rule was amended by the addition of a new subparagraph (3), effective May 2017, requiring that the Surrogate append newly adopted forms to the court's order fixing a day for preliminary or final hearing in private placement adoptions. The signed order and forms are to be returned to the plaintiff for service on the child's parents pursuant to N.J.S. 9:3-45. The adoption of this new subparagraph required the redesignation of former subparagraph (b)(3) as (b)(4).
    R. 5:10-5. Post-Complaint Submissions. In furtherance of the required notice and opportunity to be heard, paragraph (b) of the rule was amended by the adoption of a new subparagraph (3), effective May 2017, requiring that, on the fixing of a day for preliminary or final hearing in private adoptions, the Surrogate shall append to the court's order the form informing the child's parents of the hearing and the parents' right to object. This order is to be returned to the plaintiff for service on the child's parents pursuant to N.J.S. 9:3-45. As a consequence of this adoption, former subparagraph (3) was redenominated as subparagraph (4).
    R. 5:13-5. Reviews of Children in Placement; Court Orders; Submission of Placement Plan. This rule was amended to extend the applicable time periods from 45 to 60 days.
    R. 5:19-4. Use of Restraints on a Juvenile. This rule was adopted effective January 2017 for the self-evident purpose of limiting the use of restraints on juveniles during court proceedings and providing for the limited circumstances under which "the least restrictive restraints" may be used.

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    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
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    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




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  • 3.  RE: Changes Abound in Court's omnibus rules and appendices amendments changes go into effect Sept. 1

    Posted 08-21-2017 11:35 AM
    here are the rules changes. all 104 glorious pages.

    http://www.njcourts.gov/notices/2017/n170802b.pdf
    Njcourts remove preview
    View this on Njcourts >



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    Robert Davies Esq.
    Hackensack NJ
    (201)820-3460
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