NJSBA Family Law Section

David,

As to notice of persons outside state, New Jersey’s Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”) requires that “Notice shall be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective.” N.J.S.A. 2A:34-60 (emphasis added). 

I have this issue right now in Mercer County.  Child's father is in Italy and has refused international Fed Ex delivery of papers.  I "served" dad via email.  Take a look at Modan v. Modan, 327 N.J. Super. 44, 48-49 (App.Div.2000). 

The Appellate Division in Modan v. Modan, supra, held that effective service by publication was improper when plaintiff knows of defendant's email address.  The parties in Modan attempted to work out the terms of a property settlement but defendant, nevertheless, departed for Pakistan.  When settlement negotiations failed, plaintiff’s attorney corresponded with defendant’s attorney to determine if defendant’s attorney would be willing to accept service of the complaint for divorce which was being drafted.  Defendant’s attorney refused and certified that the complaint would have to be served on the defendant in Pakistan.  When plaintiff filed his complaint for divorce, he alleged that defendant lived at her mother’s address in New Jersey.  The trial court denied defendant’s motion to vacate the resulting judgment.  The Appellate Division reversed, holding that evidence of phone calls and email made it clear that plaintiff knew of defendant’s whereabouts.  Had plaintiff been forthright to the trial court about his actual knowledge of defendant’s whereabouts, it would have been apparent that a method was available to to plaintiff for reasonably effecting actual notice to defendant.  Thus, the holding of the Modan court suggests that service or at least notice via email is preferable to an alternative method of service.