NJSBA Family Law Section

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  • 1.  Child interviewed by judge

    Posted 07-19-2016 12:49 PM

    Has anyone been in a situation where  a judge denies them access to a transcript of a child interview?  R 5:8-6 indicates that transcripts "shall be provided to counsel"  upon request and payment.  I can't seem to locate any authority that would allow a judge to withhold the transcript, even though that is what is currently happening. Thanks in advance. 

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    Amy B.Harris Esq.
    Bradley Beach NJ
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  • 2.  RE: Child interviewed by judge

    Posted 07-19-2016 01:05 PM
    Which Judge is doing this 

    Sent from my iPhone





  • 3.  RE: Child interviewed by judge

    Posted 07-19-2016 01:11 PM

    Note that Uherek v. Sathe, 391 N.J. Super. 164, 168 (App. Div.), certif. denied, 192 N.J. 72 (2007) stands for the proposition that a transcript of a child interview may only be turned over during an actively pending custody case.  Absent that circumstance, there is no basis to turn over the child's private communications with the court - even to a parent. Id. at 169. 

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    Jeff Kasten Esq.
    Mount Laurel NJ



  • 4.  RE: Child interviewed by judge

    Posted 07-19-2016 01:10 PM

    That is in improper interference with litigants rights.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ






  • 5.  RE: Child interviewed by judge

    Posted 07-19-2016 01:19 PM

    I agree with Hanan. I'm sure there are cases on it. That's why you have a transcript.

     

     

     

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  • 6.  RE: Child interviewed by judge

    Posted 07-19-2016 01:12 PM
    R. 1:1-2 might be what the judge is relying upon to relax or dispense with the rule you cited.

    Did you file a motion which was denied? What reason(s) did the judge give in support of the denial?

    Anne

    Anne Cralle, Esq.




    Sent from my iPad


    Sent from my iPad




  • 7.  RE: Child interviewed by judge

    Posted 07-19-2016 01:13 PM

    Maybe the Tuu case?