NJSBA Family Law Section

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  • 1.  Parent education seminar

    Posted 07-28-2015 09:27 AM

    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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  • 2.  RE: Parent education seminar

    Posted 07-28-2015 11:13 AM


    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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  • 3.  RE: Parent education seminar

    Posted 07-28-2015 11:28 AM
    I actually believe that the notice indicates that if there is an agreement
    then attendance is not required.



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  • 4.  RE: Parent education seminar

    Posted 07-28-2015 11:28 AM

    Jamie,

    I was once able to successfully request that my client be exempted (in Essex County).  In my case, we had one unemancipated child who was a junior in an out-of-State college.  Parties were pretty much in agreement as to payment for college and financial support of the child, but we did not have a final MSA prior to filing.  As such, Complaint had to seek relief regarding custody and support. My letter to the Court advised of the facts of the case and stated that objectives of the program were not at issue in the litigation and the Court staff agreed and exempted my client from attending the program (I don't think I got the $25 refunded though).

    The following link is the Court's Directive regarding the Act from 1999 and may be useful in crafting an argument seeking an exemption.

    https://www.judiciary.state.nj.us/directive/family/dir_11_99.pdf

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    Nancy Marchioni Esq.
    Middlesex NJ
    (732)667-3668
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  • 5.  RE: Parent education seminar

    Posted 07-28-2015 11:39 AM
    Thanks all.
    FYI- the complaint plead to incorporate the DSA but also plead custody in the alternative as the agreement had not yet been signed. Once we got the notice, I provided the parent ed program with the signed agreement and was told my client must attend unless they are divorced. We then sought adjournment to give us time to put through the divorce and was told the program requires proof as to the reason for adjournment. CRAZY...
    Common sense simply does not prevail...

    Jamie K. Von Ellen, Esq.
    Wolkstein, Von Ellen & Brown, LLC
    959 S. Springfield Avenue
    Springfield, New Jersey 07081
    Phone (973) 376-1114 | Fax 973-376-6665
    [email protected]<mailto:[email protected]> | www.wvblaw.com

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  • 6.  RE: Parent education seminar

    Posted 07-28-2015 12:24 PM

    2A:34-12.5. Attendance at program required; fee; exceptions

    I have always been able to avoid this requirement by filing a Consent Order on custody and parenting time. Apparently, vicinages differ (and shouldn't, since it's a statutory requirement). IMO

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
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  • 7.  RE: Parent education seminar

    Posted 07-28-2015 02:08 PM

    I agree you can get out of it by submitting a consent order with a parenting schedule.

    An additional thought, though -- the program is really good. I've heard back from clients in Mercer and Somerset who were initially griping about taking off from work that it was well worth attending. They go over the benefits of cooperating and co-parenting, discuss dispute resolution skills, and explain a lot about the court process. Everyone has said that it was well worth the time. If it helps the parties get along and better understand the process, it's well worth the $25.  It's on my to-do list to sit in on it at some point...

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
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