NJSBA Family Law Section

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  • 1.  Service of Notice of Guardianship Hearing

    Posted 12-28-2022 02:55 PM
    Hi friends,

    I have a child guardianship case in Hudson County next month. The parents of the child are in a foreign jurisdiction outside of the United States. I need to serve the parents with the notice of the hearing, but I'm trying to find the court rules that give advice on method of service and how many days prior to the hearing the notice needs to be served.

    If anyone can direct me and the right direction I would appreciate it.

    Happy Holidays!

    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
    ------------------------------


  • 2.  RE: Service of Notice of Guardianship Hearing

    Posted 12-28-2022 05:54 PM
    Pooja,

    I do many of these types of cases with parents in other countries - if you can get a DHL or FedEx package to the parents and provide the court with proof of delivery, the judges I have been before have been fine with that.  Even better - if you can get email addresses and also send via email - which will allow the court to email notice of hearing to them, even better.

    I have also asked clients to ask friends or family in the other country to personally serve and then sign an affidavit of service if they can get a local notary service.

    Trying to use Hague service for these types of matters makes no sense, as it could take months if not years to accomplish and at great cost. Even our own State Dept. discourages that process knowing it is usually a dead-end proposition.

    Your worst case scenario is that the court enters an order for temporary custody pending proof of service or "better" service.


    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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  • 3.  RE: Service of Notice of Guardianship Hearing

    Posted 01-04-2023 07:16 PM
    please note that I can no longer receive email at [email protected]. My new email address is [email protected]. Thank you, Jane Molt.






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  • 4.  RE: Service of Notice of Guardianship Hearing

    Posted 12-29-2022 04:18 PM

    I would try using the equivalent of certified and regular mail, or service according to the rules of the Hague Convention (of the foreign country is a signatory).  The latter form of service will be far more expensive, however.

     

     

    Leslie A. Farber, Attorney at Law

    Brassworks Building

    105 Grove Street, Suite 1 (New)

    Montclair, NJ 07042-4053

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    Ph. 973.707.3322 (Direct Dial)

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    web:  http://www.LFarberLaw.com

    Note: The contents of this electronic message are intended for general information purposes only and should not be construed as legal advice or opinion in any specific facts or circumstances. Confidentiality Note: This electronic message transmission contains information from Leslie A. Farber, LLC, which may be confidential, privileged, or otherwise protected from disclosure.  The information is intended only for the use of the individual(s) listed above.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited.

     




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