Tag: Family Part

A Guardian of a Child Who Did Not Intervene to Stop Severe Corporal Punishment by the Child’s Mother is Guilty of Abuse and Neglect

New Jersey Division of Child Permanency & Protection v. J.L.G., 450 N.J. Super. 113 (App. Div. 2015), aff’d o.b., 229 N.J. 113 (2017).  This abuse and neglect case resulted in a 2-1 split in the Appellate Division.  Judge Simonelli, joined ...

Whether a Child is Emancipated Requires Full Legal Analysis, and Findings and Conclusions

Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017).  As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the ...

Another Child Abuse and Neglect Case, and a Criminal Case With Constitutional Law Issues, Will be Before the Supreme Court

The Supreme Court announced today that it has granted review in two new cases.  The first, New Jersey Division of Child Protection & Permanency v. A.B., is before the Court by virtue of a dissent in the Appellate Division.  The ...

Mandatory Electronic Filing of Pretrial Detention Appeals Begins on January 1, 2017

This morning, the Appellate Division issued a Notice to the Bar, available here, to remind practitioners and appellants that, effective on January 1, 2017, appeals to the Appellate Division on pretrial detention matters must be filed electronically.  The notice also ...

Equitable Distribution Statute Does Not Apply to Property Acquired During Cohabitation, But Equitable Principles Come to the Rescue

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016).  Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced.  Before and during the marriage, plaintiff had been a salaried employee of a consulting business, for which ...

Grandparent Visitation Redux

Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016).  There are a surprising number of published New Jersey cases in the family context regarding grandparent visitation of grandchildren.  Examples are here, here, and here.  This latest decision, by Judge ...

The Appellate Division Rejects a Stipulated Dismissal of an Appeal From a Final Domestic Violence Restraining Order

J.S. v. D.S., 448 N.J. Super. 17 (App. Div. 2016).  Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige.  This opinion by Judge Fisher yesterday in a domestic violence final restraining order case ...

The “Tender Years” Hearsay Exception

State of New Jersey in the Interest of A.R., 447 N.J. Super. 485 (App. Div. 2016).  Judge Sabatino teaches at Rutgers-Camden Law School.  Students there pay to be educated by him.  Readers of his judicial opinions on evidence can get ...

1 N.J. 1 (1948)

Have you ever wondered about the very first opinion ever to appear in New Jersey Reports?  If not (and it’s certainly more than understandable if you have not expended time thinking about that), today is the day to do so, ...

The Supreme Court Will Review a Family Law Case and a Search Warrant Case

The Supreme Court has announced that it has granted review in two cases.  The first matter, Bisbing v. Bisbing, arises out of the Family Part.  The Appellate Divsiion’s decision, reported at 445 N.J. Super. 207 (App. Div. 2016), was discussed ...