NJSBA Family Law Section

Hello Listmates:

Client had a FRO placed against him approximately 10 years ago.  Never appeared at the FRO hearing as he did not believe it to be necessary and his mother had just passed from cancer and was distraught over her death.  Regrettably, he now wants to adopt a child with his wife and would like to have the FRO dismissed.  In an effort to save funds, I was thinking about contacting the ex-girlfriend to see if she would be willing to dismiss without having a Carfagno hearing but am not sure if this would in some way be construed as a third party communication.  Any suggestions would be greatly appreciated. 

Thank you in advance. 

Best
Eric

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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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Eric, even if you can get the FRO dismissed, it will show up on the Surrogate's DV check before the adoption hearing. You need to get an approved home study agency to meet with the client and they will either issue a waiver report or not. From the sound of the description, they probably will approve the placement, but the home study agency involvement will be necessary one way or the other - the Court will not ignore the history. Deb ------------------------------------------- Debra Guston Esq. Glen Rock NJ (201)447-6660 -------------------------------------------
Original Message: Sent: 09-20-2014 13:55 From: Eric Hannum Subject: FRO Question Hello Listmates: Client had a FRO placed against him approximately 10 years ago. Never appeared at the FRO hearing as he did not believe it to be necessary and his mother had just passed from cancer and was distraught over her death. Regrettably, he now wants to adopt a child with his wife and would like to have the FRO dismissed. In an effort to save funds, I was thinking about contacting the ex-girlfriend to see if she would be willing to dismiss without having a Carfagno hearing but am not sure if this would in some way be construed as a third party communication. Any suggestions would be greatly appreciated. Thank you in advance. Best Eric ------------------------------------------- Eric Hannum Esq. Jackson NJ (732)370-9596 -------------------------------------------

Original Message------

Eric, even if you can get the FRO dismissed, it will show up on the Surrogate's DV check before the adoption hearing. You need to get an approved home study agency to meet with the client and they will either issue a waiver report or not. From the sound of the description, they probably will approve the placement, but the home study agency involvement will be necessary one way or the other - the Court will not ignore the history. Deb ------------------------------------------- Debra Guston Esq. Glen Rock NJ (201)447-6660 -------------------------------------------

Debra,


Original Message------

Eric, even if you can get the FRO dismissed, it will show up on the Surrogate's DV check before the adoption hearing. You need to get an approved home study agency to meet with the client and they will either issue a waiver report or not. From the sound of the description, they probably will approve the placement, but the home study agency involvement will be necessary one way or the other - the Court will not ignore the history. Deb ------------------------------------------- Debra Guston Esq. Glen Rock NJ (201)447-6660 -------------------------------------------