NJSBA Family Law Section

 View Only

  • 1.  FD Jurisdiction enforcement motion - non-custodial parent in NJ

    Posted 03-12-2014 10:41 AM
    Colleagues:
     
    Your assistance is needed and greatly appreciated. The original FD consent order was entered in Warren in 2004. Parents agreed that Mom custodial parent,could move to SC and NJ would remain the jurisdiction.  Dad, (non-custodial parent) is seeking to enforce parenting time and joint legal custody terms ( he has no access to school and medical records). Also there is a potential modification of custody claim because mom is getting remarried and moving to NC. She has not filed anything yet in SC. 

    Should I be concerned about the passage of time resulting with the judge declining jurisdiction? Should I file a brief? Also any on point/analogous cases are very welcome. 

    Thank you. 

    -------------------------------------------
    W. Lois Kahagi Esq.
    320 Amboy Avenue 
    Metuchen NJ
    (732)662-1080

    -------------------------------------------


  • 2.  RE:FD Jurisdiction enforcement motion - non-custodial parent in NJ

    Posted 03-12-2014 10:47 AM
    Per the UCCJEA, NJ has continuing and exclusive jurisdiction.  Mother may ask for SC to assume jurisdiction and for NJ to relinquish it, which I would expect to occur in her response to your NJ FD filing.  The NJ and SC Judges are supposed to then discuss the case to determine if jurisdiction should transfer (their discussion is not totally dispositive, but in my experience, it usually is from a practical point).

    -------------------------------------------
    Gregory Thomlison Esq.
    Toms River NJ
    (732)736-8100

    -------------------------------------------






    Original Message