NJSBA Family Law Section

Good morning Colleagues,

I'm looking for second opinions on the following hypothetical:

Client has generous parenting time under an FD order.

Opposing party obtains TRO.  FV judge orders significantly scaled back parenting time for client while FV is pending.  Judge grants FRO based on harassment, months later. Orders no parenting time until further order of the court in the FRO.  I didn't represent the client at the FRO but sounds like the judge ran out of time at the end of the trial, told counsel to work it out or file a motion.

Fast forward two months, opposing party is non-responsive to settlement overtures so I need to file a motion to restore parenting time.  FV judge was decidedly unsympathetic and I think I have a better shot if a random FD judge gets my motion.  Does NJSA 2c:25-29(d) require that I apply to the same FRO judge for the parenting time issue or can I file under the FD?  Thank you in advance.

------------------------------
Chris Yates, Esq.
Yates Law LLC
Business Law Attorney for Chefs, Restaurants, and Hotels
Child Welfare Law, Matrimonial and Criminal Defense
Of Counsel to Park & Caporrino, LLP

20 Mercer Street Suite 3i
Hackensack NJ 07601

Phone: (551) 300-1303
Fax: (551)-340-4603
Email: [email protected]
------------------------------

Original Message:
Sent: 4/29/2022 9:14:00 AM
From: Christopher P. Yates, Esq
Subject: Where does FV jurisdiction end and FD jurisdiction begin?

Good morning Colleagues,

I'm looking for second opinions on the following hypothetical:

Client has generous parenting time under an FD order.

Opposing party obtains TRO.  FV judge orders significantly scaled back parenting time for client while FV is pending.  Judge grants FRO based on harassment, months later. Orders no parenting time until further order of the court in the FRO.  I didn't represent the client at the FRO but sounds like the judge ran out of time at the end of the trial, told counsel to work it out or file a motion.

Fast forward two months, opposing party is non-responsive to settlement overtures so I need to file a motion to restore parenting time.  FV judge was decidedly unsympathetic and I think I have a better shot if a random FD judge gets my motion.  Does NJSA 2c:25-29(d) require that I apply to the same FRO judge for the parenting time issue or can I file under the FD?  Thank you in advance.

------------------------------
Chris Yates, Esq.
Yates Law LLC
Business Law Attorney for Chefs, Restaurants, and Hotels
Child Welfare Law, Matrimonial and Criminal Defense
Of Counsel to Park & Caporrino, LLP

20 Mercer Street Suite 3i
Hackensack NJ 07601

Phone: (551) 300-1303
Fax: (551)-340-4603
Email: [email protected]
------------------------------

Original Message:
Sent: 4/29/2022 9:28:00 AM
From: Jenny Berse, Esq
Subject: RE: Where does FV jurisdiction end and FD jurisdiction begin?

Hi Chris, 

We recently had pending TROs in Union County and they would not file an FD Application under the FD, it had to be under the open FVs, then when the TROs were resolved, the Court staff transferred the Application to the FD docket.

TGIF!

Jenny

 

--

Jenny Berse, Esq.

BERSE LAW, LLC

DEDICATED TO SOLVING YOUR FAMILY LAW MATTER

Jenny Berse, Esq. 
Completed Over 550 Continuing
Education Classes; More Than 17 Years of Experience

Samuel J. Berse, Esq. 
Completed Appellate Court and Trial Court Clerkships

Obtained a Winning, Published, Appellate Division Decision, 
100% Reversing an Erroneous Trial Court

Obtained a Winning, Published Family Trial Court Decision

Jenny & Sam Have Over 23 Years Combined Experience 

Serving Most Counties In New Jersey

Divorce, Custody & All Family Matters
Fierce Advocacy & Dedication

[email protected]
www.Berselaw.com
217 Elmer Street
Westfield, NJ 07090

CALL (855) FAMLAW1 / (855) 326-5291
FAX (855) FAMLAW2 / (855) 326-5292

PRACTICE DEDICATED TO FAMILY LAW

The information in this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. The message is privileged and confidential. If you received this message in error, you are hereby notified that any review, dissemination, distribution or copying of this message is strictly prohibited and you should notify us immediately and return the original message. Thank you.

 

 

Original Message:
Sent: 4/29/2022 9:14:00 AM
From: Christopher P. Yates, Esq
Subject: Where does FV jurisdiction end and FD jurisdiction begin?

Good morning Colleagues,

I'm looking for second opinions on the following hypothetical:

Client has generous parenting time under an FD order.

Opposing party obtains TRO.  FV judge orders significantly scaled back parenting time for client while FV is pending.  Judge grants FRO based on harassment, months later. Orders no parenting time until further order of the court in the FRO.  I didn't represent the client at the FRO but sounds like the judge ran out of time at the end of the trial, told counsel to work it out or file a motion.

Fast forward two months, opposing party is non-responsive to settlement overtures so I need to file a motion to restore parenting time.  FV judge was decidedly unsympathetic and I think I have a better shot if a random FD judge gets my motion.  Does NJSA 2c:25-29(d) require that I apply to the same FRO judge for the parenting time issue or can I file under the FD?  Thank you in advance.

------------------------------
Chris Yates, Esq.
Yates Law LLC
Business Law Attorney for Chefs, Restaurants, and Hotels
Child Welfare Law, Matrimonial and Criminal Defense
Of Counsel to Park & Caporrino, LLP

20 Mercer Street Suite 3i
Hackensack NJ 07601

Phone: (551) 300-1303
Fax: (551)-340-4603
Email: [email protected]
------------------------------

Original Message:
Sent: 4/29/2022 10:22:00 AM
From: Patricia Garity Smits, Esq
Subject: RE: Where does FV jurisdiction end and FD jurisdiction begin?

Jenny

 

I have a case (not Union )-- the earlier FD was merged into FV after a FRO---and case has continued under the FV docket for a # of years.  I was informed that this is proper procedure and all future issues will be heard under the FV docket #.    

 

 

Patricia Garity Smits

Patricia Garity Smits, Esq.
Certified by the New Jersey Supreme Court as a Matrimonial Attorney
Law Offices of Patricia Garity Smits, L.L.C.
1141 Stanton-Lebanon Rd., Lebanon, NJ 08833
Phone: (908) 236-7530           Fax: (908)236-6261

Washington Street Morristown, NJ 07960

 

This email message, together with all attachments, is for the sole use of the intended individual or entity and may contain information that is legally privileged, confidential and exempt from disclosure.  If you are not the intended recipient, you are hereby notified that any dissemination, disruption, or copying of this message, or any attachment, is prohibited,  If you are not the intended recipient, please notify the original sender at (908) 236-7530 immediately by telephone or by return email ([email protected]) and delete this message, along with all attachments, from your computer.  If the intended recipient is a client represented by sender or, expert or  other person involved in litigation, this is an attorney-client communication or communication related to a client and is PRIVILEGED AND CONFIDENTIAL.  If the addressee is not a client of the sender, this communication does not create an attorney client relationship.

 

 

 

 

 

 

 

Original Message:
Sent: 4/29/2022 9:28:00 AM
From: Jenny Berse, Esq
Subject: RE: Where does FV jurisdiction end and FD jurisdiction begin?

Hi Chris, 

We recently had pending TROs in Union County and they would not file an FD Application under the FD, it had to be under the open FVs, then when the TROs were resolved, the Court staff transferred the Application to the FD docket.

TGIF!

Jenny

 

--

Jenny Berse, Esq.

BERSE LAW, LLC

DEDICATED TO SOLVING YOUR FAMILY LAW MATTER

Jenny Berse, Esq. 
Completed Over 550 Continuing
Education Classes; More Than 17 Years of Experience

Samuel J. Berse, Esq. 
Completed Appellate Court and Trial Court Clerkships

Obtained a Winning, Published, Appellate Division Decision, 
100% Reversing an Erroneous Trial Court

Obtained a Winning, Published Family Trial Court Decision

Jenny & Sam Have Over 23 Years Combined Experience 

Serving Most Counties In New Jersey

Divorce, Custody & All Family Matters
Fierce Advocacy & Dedication

[email protected]
www.Berselaw.com
217 Elmer Street
Westfield, NJ 07090

CALL (855) FAMLAW1 / (855) 326-5291
FAX (855) FAMLAW2 / (855) 326-5292

PRACTICE DEDICATED TO FAMILY LAW

The information in this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. The message is privileged and confidential. If you received this message in error, you are hereby notified that any review, dissemination, distribution or copying of this message is strictly prohibited and you should notify us immediately and return the original message. Thank you.

 

 

Original Message:
Sent: 4/29/2022 9:14:00 AM
From: Christopher P. Yates, Esq
Subject: Where does FV jurisdiction end and FD jurisdiction begin?

Good morning Colleagues,

I'm looking for second opinions on the following hypothetical:

Client has generous parenting time under an FD order.

Opposing party obtains TRO.  FV judge orders significantly scaled back parenting time for client while FV is pending.  Judge grants FRO based on harassment, months later. Orders no parenting time until further order of the court in the FRO.  I didn't represent the client at the FRO but sounds like the judge ran out of time at the end of the trial, told counsel to work it out or file a motion.

Fast forward two months, opposing party is non-responsive to settlement overtures so I need to file a motion to restore parenting time.  FV judge was decidedly unsympathetic and I think I have a better shot if a random FD judge gets my motion.  Does NJSA 2c:25-29(d) require that I apply to the same FRO judge for the parenting time issue or can I file under the FD?  Thank you in advance.

------------------------------
Chris Yates, Esq.
Yates Law LLC
Business Law Attorney for Chefs, Restaurants, and Hotels
Child Welfare Law, Matrimonial and Criminal Defense
Of Counsel to Park & Caporrino, LLP

20 Mercer Street Suite 3i
Hackensack NJ 07601

Phone: (551) 300-1303
Fax: (551)-340-4603
Email: [email protected]
------------------------------