NJSBA Family Law Section

I have two questions.  First, can anyone recommend a good and trusted child psychologist in Passaic County and/or West Milford who can assess a child and the effect of witnessing domestic violence (as explained below) on that child?

Second, I have a new client who filed an Order to Show Cause to temporarily transfer full custody to her (the father/ex-husband had parenting time every other weekend) because the child had witnessed the father's live-in girlfriend commit acts of domestic violence on the father while the child was in the father's care.  The mother was granted the temporary elimination of parenting time, but that decision was reversed upon full hearing partly because the police reports the mother attempted to introduce into evidence were deemed inadmissible as her attorney at that time failed to subpoena the police officers.  

Now, she is retaining me to attempt to fix the initial order by way of either motion for reconsideration or motion for change in custody.

I am troubled by the best way to handle this matter.  On one hand, I can certainly attempt to get DCPP involved and seek to have them eliminate the father's parenting time and to investigate the matter further; however, I am also aware that getting DCPP involved opens up a potential bureaucratic nightmare which will cause extended court involvement.  The other option, in my opinion, is to simply file the motion for change in custody, but then I run into the same problem of having the police reports admitted absent a plenary hearing during which I can subpoena the police officers.  To make matters more difficult, one of the acts of domestic violence, and therefore the police report and police officer, occurred in Maryland.

Any advice or suggestions on the best tactic/strategy to handling this matter efficiently would be appreciated.

Thanks. 

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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Hi - first of all, don't turn to DCPP (formerly DYFS) because your client need not be in the middle of that kind of mess. "Nightmare" is so right. I do OPR (Office of Parental Representation) work for the Public Defender as "Designated Counsel" (pool attorney), and trust me, you don't want to call DCPP.  They will NOT take away all visitation anyway because he has a right to see his child, even if only supervised.  There is a ton of case law on that because of all the child protection appeals over the years.  Your original idea of having a child psychologist meet with the child more than once and write a report about the harm Dad's girl friend has already done is a good idea.  I would suggest asking for an order that Dad's girl friend cannot be around the child, at all, and so that his parenting time be without her.  I think you'd have a better chance of winning there.   

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Carol A. Weil Esq.
Laurel Springs NJ
(856)352-0050

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Original Message:
Sent: 09-16-2013 14:44
From: David Cardamone
Subject: Child Witnessing Domestic Violence

I have two questions.  First, can anyone recommend a good and trusted child psychologist in Passaic County and/or West Milford who can assess a child and the effect of witnessing domestic violence (as explained below) on that child?

Second, I have a new client who filed an Order to Show Cause to temporarily transfer full custody to her (the father/ex-husband had parenting time every other weekend) because the child had witnessed the father's live-in girlfriend commit acts of domestic violence on the father while the child was in the father's care.  The mother was granted the temporary elimination of parenting time, but that decision was reversed upon full hearing partly because the police reports the mother attempted to introduce into evidence were deemed inadmissible as her attorney at that time failed to subpoena the police officers.  

Now, she is retaining me to attempt to fix the initial order by way of either motion for reconsideration or motion for change in custody.

I am troubled by the best way to handle this matter.  On one hand, I can certainly attempt to get DCPP involved and seek to have them eliminate the father's parenting time and to investigate the matter further; however, I am also aware that getting DCPP involved opens up a potential bureaucratic nightmare which will cause extended court involvement.  The other option, in my opinion, is to simply file the motion for change in custody, but then I run into the same problem of having the police reports admitted absent a plenary hearing during which I can subpoena the police officers.  To make matters more difficult, one of the acts of domestic violence, and therefore the police report and police officer, occurred in Maryland.

Any advice or suggestions on the best tactic/strategy to handling this matter efficiently would be appreciated.

Thanks. 

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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It's beyond me how police testimony/reports can be the deal-breaker in this matter without hearing more.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 09-16-2013 14:44
From: David Cardamone
Subject: Child Witnessing Domestic Violence

I have two questions.  First, can anyone recommend a good and trusted child psychologist in Passaic County and/or West Milford who can assess a child and the effect of witnessing domestic violence (as explained below) on that child?

Second, I have a new client who filed an Order to Show Cause to temporarily transfer full custody to her (the father/ex-husband had parenting time every other weekend) because the child had witnessed the father's live-in girlfriend commit acts of domestic violence on the father while the child was in the father's care.  The mother was granted the temporary elimination of parenting time, but that decision was reversed upon full hearing partly because the police reports the mother attempted to introduce into evidence were deemed inadmissible as her attorney at that time failed to subpoena the police officers.  

Now, she is retaining me to attempt to fix the initial order by way of either motion for reconsideration or motion for change in custody.

I am troubled by the best way to handle this matter.  On one hand, I can certainly attempt to get DCPP involved and seek to have them eliminate the father's parenting time and to investigate the matter further; however, I am also aware that getting DCPP involved opens up a potential bureaucratic nightmare which will cause extended court involvement.  The other option, in my opinion, is to simply file the motion for change in custody, but then I run into the same problem of having the police reports admitted absent a plenary hearing during which I can subpoena the police officers.  To make matters more difficult, one of the acts of domestic violence, and therefore the police report and police officer, occurred in Maryland.

Any advice or suggestions on the best tactic/strategy to handling this matter efficiently would be appreciated.

Thanks. 

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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What about a CNA? That way the child (if age appropriate) , both parents and the girlfriend will be interviewed and a recommendation will be made to the judge. The cost is usually $900 and is split between both parties. Custody Neutral Assessments are very popular in Ocean County and useful in messy situations such as this one. I think the move is to bar the girlfriend from being present during parenting time. If the father is fit, it doesn't serve the child's best interest to keep him/her away from dad just because dad has poor taste in mates.  

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H. Tiffany Weiner Esq.
Neptune NJ
(732)774-6443

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Original Message:
Sent: 09-16-2013 14:44
From: David Cardamone
Subject: Child Witnessing Domestic Violence

I have two questions.  First, can anyone recommend a good and trusted child psychologist in Passaic County and/or West Milford who can assess a child and the effect of witnessing domestic violence (as explained below) on that child?

Second, I have a new client who filed an Order to Show Cause to temporarily transfer full custody to her (the father/ex-husband had parenting time every other weekend) because the child had witnessed the father's live-in girlfriend commit acts of domestic violence on the father while the child was in the father's care.  The mother was granted the temporary elimination of parenting time, but that decision was reversed upon full hearing partly because the police reports the mother attempted to introduce into evidence were deemed inadmissible as her attorney at that time failed to subpoena the police officers.  

Now, she is retaining me to attempt to fix the initial order by way of either motion for reconsideration or motion for change in custody.

I am troubled by the best way to handle this matter.  On one hand, I can certainly attempt to get DCPP involved and seek to have them eliminate the father's parenting time and to investigate the matter further; however, I am also aware that getting DCPP involved opens up a potential bureaucratic nightmare which will cause extended court involvement.  The other option, in my opinion, is to simply file the motion for change in custody, but then I run into the same problem of having the police reports admitted absent a plenary hearing during which I can subpoena the police officers.  To make matters more difficult, one of the acts of domestic violence, and therefore the police report and police officer, occurred in Maryland.

Any advice or suggestions on the best tactic/strategy to handling this matter efficiently would be appreciated.

Thanks. 

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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I agree with Carol's advice.  One other way to deal with this is to bring a private Title 9 (abuse/neglect) action in the FN docket.  NJSA 9:6-8.34(a).  Your police reports are admissible without the testimony of a police officer, so long as they qualify as business records under the NJRE and are accompanied by the prescribed certifications of authenticity.  NJSA 9:6-8.46(a).

That said, I would be very cautious to commence a private Title 9 case.  They are rare, and I think you need a good rationale for bringing it, to have a well-thought exit strategy, and to take charge of the case for the Court.  I think a lot of how the case goes depends on the particular judge who would hear the case.  I would guess that the judge would instinctively want to get DCPP involved or let them intervene, which is why you would need to be agressive with the court.  Get a substantial retainer.

I've defended many Title 9 cases, but never prosecuted one for a private client.  I'd love to hear the thoughts of an attorney who has.

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Jordan Stern Esq.
Law Office of Jordan A. Stern
Chatham NJ
(973)632-3526
www.njsternlaw.com

"If there's one thing you should take from this class, it's this: Read the statute to the very end--to the very last period." -Prof. George C. Thomas III, Rutgers-Newark School of Law
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Original Message:
Sent: 09-16-2013 14:44
From: David Cardamone
Subject: Child Witnessing Domestic Violence

I have two questions.  First, can anyone recommend a good and trusted child psychologist in Passaic County and/or West Milford who can assess a child and the effect of witnessing domestic violence (as explained below) on that child?

Second, I have a new client who filed an Order to Show Cause to temporarily transfer full custody to her (the father/ex-husband had parenting time every other weekend) because the child had witnessed the father's live-in girlfriend commit acts of domestic violence on the father while the child was in the father's care.  The mother was granted the temporary elimination of parenting time, but that decision was reversed upon full hearing partly because the police reports the mother attempted to introduce into evidence were deemed inadmissible as her attorney at that time failed to subpoena the police officers.  

Now, she is retaining me to attempt to fix the initial order by way of either motion for reconsideration or motion for change in custody.

I am troubled by the best way to handle this matter.  On one hand, I can certainly attempt to get DCPP involved and seek to have them eliminate the father's parenting time and to investigate the matter further; however, I am also aware that getting DCPP involved opens up a potential bureaucratic nightmare which will cause extended court involvement.  The other option, in my opinion, is to simply file the motion for change in custody, but then I run into the same problem of having the police reports admitted absent a plenary hearing during which I can subpoena the police officers.  To make matters more difficult, one of the acts of domestic violence, and therefore the police report and police officer, occurred in Maryland.

Any advice or suggestions on the best tactic/strategy to handling this matter efficiently would be appreciated.

Thanks. 

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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