I actually believe that the notice indicates that if there is an agreement
then attendance is not required.
ADAM R. GLINN, ESQ., L.L.C.
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Original Message------
This is a statutory requirement. 2A:34-12.5. Attendance at program required; fee; exceptions
5. a. The court shall order every person who has filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of the minor child is an issue to attend the "Parents' Education Program" established pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3). Each party shall attend separate sessions of the program.
My understanding has been that, if you have a signed MSA, and your prayers for relief do not mention "custody, visitation or child support" (even though these are part of the case and addressed in the MSA), then these are not considered to be "an issue" and the parties are not scheduled to attend the program. If you have a signed agreement, and you specifically mention these in your prayers for relief, the clients will get a notice to go.
If Somerset is now requiring attendance by parties who do not specify custody, visitation or child support in the prayers for relief, it is a relatively new requirement, and something we can seek to address with the family division through our county bar family practice committee, and other county bars can do the same if it's a problem.
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Amy Wechsler Esq.
Warren NJ
(908) 753-3833
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Original Message:
Sent: 07-28-2015 09:26
From: Jamie Von Ellen
Subject: Parent education seminar
Can anyone help me find the rule that says parents are not required to attend the parent education seminar if they have already entered into a custody and timesharing agreement. I have looked but cannot seem to find it.
FYI- Sean McCarthy at Somerset county says they have to attend unless divorced!
Thanks in advance!
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Jamie Von Ellen Esq.
Springfield NJ
(973)376-1114
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