NJSBA Family Law Section

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  • 1.  jurisdiction

    Posted 09-19-2014 03:50 PM
    Hi Listmates,

    I would appreciate your thoughts on these facts.  Parties lived and divorced in NJ.  Parties' daughter born in and lived in NJ for 3 years. Parties have equal residential custody, but Mom moved to another state and the daughter goes to school in the other state.  The JOD provides that jurisdiction on custody and parenting will remain in NJ; will this clause be enforceable?  If possible, reply to me directly ([email protected])  Thanks!

    -------------------------------------------
    Gabrielle Strich Esq.
    Princeton NJ
    (609)924-2900
    -------------------------------------------


  • 2.  RE: jurisdiction

    Posted 09-19-2014 04:08 PM

    Gabrielle,

     

    The parties' divorce agreement cannot override the Uniform Child Custody Jurisdiction Act.  If there is a new home state as defined by the UCCJA (more than 6 months of residency), then the operative facts are local to the child (school, doctors, etc.).  Even if NJ technically could claim jurisdiction, I think the former wife could make a good argument for forum non conveniens.  I would think differently about it if the move were across the Delaware River and the father and child maintained continuous contacts, including in person.  Absent those or similar facts, I would be concerned that NJ does not retain jurisdiction, the parties' agreement notwithstanding.

     

    Hanan

     


    Hanan M. Isaacs, Esq.

    hanan.gif

    Hanan M. Isaacs, P.C.
    4499 Route 27, Kingston, NJ
    t 609.683.7400
    f 609.921.8982
    vCard: Download here >>
    [email protected]
    www.hananisaacs.com

    Compassionate counsel; tough advocacy.

     

    NJSBA | Communities | All Discussions | All Discussions | Family Law

    jurisdiction

     

    From:

    Gabrielle Strich    

    To:

    Family Law    

    Posted:

    Sep 19, 2014 3:50 PM

    Subject:

    jurisdiction

    Message:

    Hi Listmates,

    I would appreciate your thoughts on these facts.  Parties lived and divorced in NJ.  Parties' daughter born in and lived in NJ for 3 years. Parties have equal residential custody, but Mom moved to another state and the daughter goes to school in the other state.  The JOD provides that jurisdiction on custody and parenting will remain in NJ; will this clause be enforceable?  If possible, reply to me directly ( [email protected] )  Thanks!

    -------------------------------------------
    Gabrielle Strich Esq.
    Princeton NJ
    (609)924-2900
    -------------------------------------------

    Be the first person to recommend this.

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