NJSBA Family Law Section

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  • 1.  Venue Transfer

    Posted 01-31-2018 03:36 PM
    All, 

    Has anyone had any success in having a court change venue without having to file a motion - say, by way of consent order? 

    A colleague and I have a client whose divorce was venued in Camden County, but each party now resides in Burlington County and has for some time.  We are being told that we must submit a formal motion to the court and that the court cannot simply effectuate the transfer by way of consent order. 

    I understand that both the Part IV and V court rules contemplate that a change in venue would be "upon application by either party...," but it seems to be an unnecessary adherence to form over substance to have to file a formal motion to have the presiding judge sign the transfer order that all involved agree needs to be signed.

    Any thoughts would be greatly appreciated.

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    Jeff Kasten Esq.
    Marlton NJ
    (856)505-1700
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  • 2.  RE: Venue Transfer

    Posted 01-31-2018 03:46 PM
    I believe that will depend on the Assignment Judge or PJ.  Recently had a Consent Order transferring from Ocean to Monmouth and still had to file quick Motion to effectuate transfer.  It was only a month delay, but may be simplest solution. 
    Thomas Madden
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  • 3.  RE: Venue Transfer

    Posted 02-01-2018 04:20 PM
    I do not believe we are "permitted" to choose to change are own venue, unfortunately.   Hence, the necessary application.



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  • 4.  RE: Venue Transfer

    Posted 02-01-2018 04:24 PM
    Even when I've had both parties consent to it, the presiding judge of the county where the case is venued still needs to review it (and ultimately discuss it with the PJ of the proposed county).  I have always been told to file the application, even if it contains the proposed consent order as an exhibit.  If both sides agree, it could be presented as an unopposed/consented to motion.  


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100
    Fax: (732) 736-9505

    THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS ATTORNEY-PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION ARE STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, Please immediately notify us by telephone or reply to this email.  Thank you.



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