NJSBA Family Law Section

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  • 1.  Submitting Questions under R.5:8-6

    Posted 11-08-2016 03:16 PM

    I am on the 11th day of a custody/removal trial involving an 11 yr old. My client, the father, opposes the relocation. Both sides have custody experts who have already testified. My adversary wants the Court to interview the child which my client opposes as he is concerned about further harm to the child. It appears that the Court may conduct the interview over my client’s objection. The rule allows me to submit written questions for the Court’s use but I have never done so in any previous case. Since the Court should never ask the child the ultimate issue, what possible questions could I submit to the Judge? I know this is fact sensitive,but if anyone has ever drafted such questions, please email me or call me. Thank you.

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    Craig Laughlin Esq.
    Hazlet NJ
    P (732)264-6000
    F (732) 264-6796
    [email protected]
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  • 2.  RE: Submitting Questions under R.5:8-6

    Posted 11-08-2016 03:28 PM

    Craig,


    I usually speak with my client and try to focus on the best parts of his relationship with the child.  That would lead to questions like:


    - What do they do together during the week, on weekends, on holidays

    - What are the child's favorite subjects in school/how much homework do you get - this would lead to whether dad helps out with homework.

    - Sports - who comes to games/coaches


    Build the case through questions that the dad and child cannot possibly maintain that type of relationship long distance.  I think a judge would ask these kinds of questions anyway, but help focus on questions that may yield helpful info and avoid leading questions, a judge would likely toss that out - like "Your dad takes you dinner every week, right?"


    Its really simple - I just try to avoid being  adversarial or leading




    Deb Guston

    President-Elect, American Academy of Adoption Attorneys and
    American Academy of Assisted Reproductive Technology Attorneys

    =============================

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    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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