NJSBA Family Law Section

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  • 1.  Domesticating foreign judgment

    Posted 05-18-2017 09:23 PM
    This feels like a very basic question, but I'm stuck on it...

    I have a gold-seal judgment from Brazil. Mom wants a New Jersey order addressing parenting time (Brazilian judgment is silent on it).

    How do I domesticate the danged thing? I had this happen years ago and filed an FD / Miscellaneous docket complaint, but I know that's no longer the way to do it. Is there a primer out there some can shoot me a link to?

    Thanks.


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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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  • 2.  RE: Domesticating foreign judgment

    Posted 05-19-2017 05:28 PM
    When I've had similar issues (though not international), I've filed an FM Complaint with the relief requested being first to domesticate foreign judgment and then whatever else you are seeking, sort of as if it were prejudgment (eg: to establish custody and parenting time, child support, etc).  I would include, of course, the basis for jurisdiction in the Complaint, along with a statement that the Brazil court did not address custody and parenting time, etc etc.   

    This is assuming that NJ has jurisdiction over the kids at this point (I don't know how long ago judgment was or when they moved here).

    I'm sure there are other practitioners who've done this another way as well, but hope this helps.  =)

    Jo

    Jodi A. Argentino, Esq.
    Managing Partner - Custody & Dissolution Team
    Guston & Guston, LLP
    (201) 447-6660