Parties were divorced in 2007. Parties enter into a parenting time agreement in 2009, mom moves to NC with one of the children. Consent Order clearly states that
"New Jersey shall retain jurisdiction as exclusive and continuing jurisdiction under UCCJEA and the parties agree that any modification of custody or support shall be governed by the New Jersey Courts, for so long as the Defendant remains a resident of New Jersey." Def still lives in NJ with custody of the parties other daughter.
Defendant files a pro se motion, which addresses him various visitation issues. Def. has proof of service. Plaintiff does not comply, so we go in on an OTSC, which is granted and transfers custody. Plaintiff does not respond to OTSC despite being called at home, work and cell, and sending e-mail letting her know it is being filed. Plaintiff responds to OTSC by filing her own OTSC which is denied. She then files an appeal claiming NJ doesn't have dix, forum non conveniens, and should decline dix. Not to mention claims as to abuse of discretion by judge(s) for transferring custody.
So any thoughts or help on the above would be greatly appreciated. Thank you in advance. you are welcome to call me or email me off line also.
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Doreen Neggia Esq
Associate
Lake Hopatcong NJ
(973)663-5595
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