NJSBA Family Law Section

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  • 1.  FD- Lack of Notice Requirement

    Posted 12-29-2017 09:30 AM
    I have been handling a few FD cases where a party is seeking sole custody and/or relocation, but the moving party doesn't serve the adversary. Pro Se litigants are being told they do not have to notify the adversary. 
    Is this actually the proper procedure in FD matters? I am not sure how these matters can be properly heard without proper notice and service on the other party. I know FD matters are sometimes handled "a bit differently" than FM matters, but completely dismissing the rules of proper service seems to be a bit too far. 

    Any thoughts or guidance in this respect would be greatly appreciated.

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    Megan Hodes Esq.
    Wyckoff NJ
    (201)913-4916
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  • 2.  RE: FD- Lack of Notice Requirement

    Posted 12-29-2017 10:03 AM
    Rule 5:4-4 specifically details the service by mail program that the courts use.  The Court "handles" service in FD matters between pro se litigants, but I've seen clear due process problems too many times to count...



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