NJSBA Family Law Section

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  • 1.  FD Custody/Parentime Time Issues

    Posted 09-27-2019 05:27 PM
     
     
    Hi all.  I have what appears to be a simple custody/parenting time issue under the FD docket which has been scheduled for trial.   Each time I appear in court for trial, it is rescheduled.  My adversary raises issues on the record during those court appearances.  My adversary has not responded to my pleadings or refuted any allegations contained in the pleadings.  The judge believes that although we have scheduled the matter for trial, he allows my adversary to take testimony from his client which directly addresses issues in responsive pleadings submitted by my client.  I raised this issue with the court, but this court simply states its FD docket and summary and that I am not entitled to anything I requested, although I was granted 10 days for discovery.  I understand relaxing rules, however, the rules of evidence still exist.  As frustrated as I am, can anyone direct me on how I should proceed.  I simply cannot believe that the court permits this type of action and allows my adversary to ignore any type of rule prohibiting this behavior.  Thank you!


  • 2.  RE: FD Custody/Parentime Time Issues

    Posted 09-27-2019 05:36 PM
    Send a letter to the judge asking for an adjournment of the scheduled hearing to allow your adversary to submit the discovery requested...because it hasn't been provided. Presuming that it will get rescheduled, if you don't get discovery by the time it's scheduled next, repeat (Send a letter to the judge asking for an adjournment of the scheduled hearing to allow your adversary to submit the discovery requested...because it hasn't been provided).  If you get denied an adjournment, tell the judge you're not ready because discovery hasn't been provided.
    I wonder who your adversary is.....






  • 3.  RE: FD Custody/Parentime Time Issues

    Posted 09-27-2019 06:43 PM
    It sounds like your case is in Somerset County.  

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  • 4.  RE: FD Custody/Parentime Time Issues

    Posted 09-30-2019 09:08 AM

    Perhaps you want to bring these issues to the Presiding Judge's attention?

    Unless this judge is the Presiding Family Part judge. Then perhaps alert the Assignment Judge.

    IMO, just because they are judges, it doesn't mean they can't be corrected by a higher authority for ignoring the rules.

    Best,

    Ed

     

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    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    Chair, NJ State Bar Association Solo and Small-Firm Section

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  • 5.  RE: FD Custody/Parentime Time Issues

    Posted 09-30-2019 09:50 AM

     

    The New Jersey Family Lawyer's Magazine from May 2018 Chair's Column has a review of FD procedure that may be helpful.  

    Tom King

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law

    45 Broadway, 2nd floor, Denville NJ 07834

     

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  • 6.  RE: FD Custody/Parentime Time Issues

    Posted 09-30-2019 12:42 PM
    Hello Jose,
    Following is the link to the May 2018 New Jersey Family Lawyer that Tom King mentioned.
    https://higherlogicdownload.s3-external-1.amazonaws.com/NJSBA/FamilyLawv38n3May2018.pdf?AWSAccessKeyId=AKIAVRDO7IERBJP4KSQZ&Expires=1569865214&Signature=G0mOhIz8LLYL37ltXZTFgj8k%2Bo4%3D

    All the best,
    Barb

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