I have an interesting procedural issue.
There was a case where a DYFS complaint was filed against mom/boyfriend for alleged excessive discipline in County A. I represent the mom and boyfriend in this county A. matter.
While the DYFS matter is pending in County A, the adolescent is charged with a juvenile criminal matter in County B. Pursuant to the resolution of the juvenile criminal matter in county B, some caseworker or DYFS person allegedly requested that a "no contact order" between mom and son be made part of the Order. Judge agrees, and says "no contact between mom and son, until the County A DYFS matter resolved." The juvenile's public defender refused to give his mom (my client) any paperwork regarding the matter and we were unable, despite repeated requests, to obtain a copy of the order. Since it was a juvenile matter, and I didn't represent him, I was not entitled to the documents court staff said.
A few months later, I was able to get all the DYFS complaints in County A totally dismissed. However, the D.A.G. wanted a "no-contact" order placed on the order of dismissal, due to the fact that the Judge in County B placed this on the record. My fear was that this could hurt my client, because I had no idea what the nature of the "no-contact" order was about. Ultimately, the Judge did not comply with the D.A.G.'s request, and merely entered a dismissal and said things would go back to the status quo, as they existed prior to the initiation of the case.
However, the "no contact order" still exists on the record from County B. I called them up and the Judge entered a new order stating: "all issues of custody, placement and parenting time for the juvenile shall be addressed under court case from county A."
Does this resolve the matter, or do I need to file some sort of motion for more clarification? My client wants to have contact with her son, and he wants contact with her, at least for birthdays, holidays and the like. We don't want to risk any legal troubles.
Any ideas?
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Robert Wittmann Esq.
Managing Attorney
Runnemede NJ
(856)873-3730
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