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While a custody determination under the UCCJEA includes any judicial ruling related to physical custody and visitation, it does not include issues of support
20 Apr 2010, 9:34 am by PaulKostro
” Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
C-SPAN Releases Oral Argument Audio Request History
16 Apr 2010, 11:47 am by Kedar
Summum – Denied 3-Dec Philip Morris USA Inc. v. [read post]
DailyWrit - http://dailywrit.com
It is a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint
16 Apr 2010, 9:18 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An individual act previously rejected as insufficient to constitute domestic violence may take on greater significance because the prior act is later repeated in a manner that may amount to a course of conduct prohibited by the Domestic Violence Act
16 Apr 2010, 9:15 am by PaulKostro
Div., A-5071-08T2, April 16, 2010: As the court held in T.M. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mere passage of months does not amount to changed circumstances, although, as children grow older, the parameters of parenting time may change
15 Apr 2010, 9:12 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
CFA claims may be the subject of arbitration and need not be exclusively presented in a judicial forum
15 Apr 2010, 9:08 am by PaulKostro
CURTIS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The best interests of the child standard also applies to decisions regarding parenting time and visitation
15 Apr 2010, 8:59 am by PaulKostro
Hand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Stipulations made by attorneys when acting within the scope of their authority are enforceable against their clients
15 Apr 2010, 8:55 am by PaulKostro
Accordingly, “courts ’strain to give effect to the terms of a settlement wherever possible. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether a parent or guardian has failed to exercise a minimum degree of care in protecting a child is determined on a case-by-case basis and analyzed in light of the dangers and risks associated with the situation
15 Apr 2010, 8:51 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact-finding hearing is a critical element of the abuse and neglect process; the judge’s determination, therefore, must be based on competent reliable evidence
14 Apr 2010, 6:55 am by PaulKostro
All documentary exhibits considered by the court must be clearly identified for appellate review. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unless an attorney is specifically authorized by the client to settle a case, the consent of the client is necessary
13 Apr 2010, 8:53 am by PaulKostro
Law Lessons from JAMES BRIAN SWEENEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interfamily cash transfer, was it a loan or a gift
12 Apr 2010, 2:29 pm by PaulKostro
Courts have drawn a distinction between a promise and a contract to forgive a debt upon death. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of fee disputes between clients and attorneys
12 Apr 2010, 6:30 am by PaulKostro
Court Rules, comment 4 on R. 4:37-2 (2010) (citing Watkins v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SSI benefits cannot be garnished or attached for child support or alimony
9 Apr 2010, 8:50 am by PaulKostro
In Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In evaluating whether the cleric-penitent privilege applies, the proper test is: Would an objectively reasonable penitent, under the totality of the circumstances, believe that a communication was secret, that is, made in confidence to a cleric in that cl
7 Apr 2010, 8:57 am by PaulKostro
In evaluating whether the cleric-penitent privilege applies, courts should use Cary’s three-part test [State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Integral to a finding of harassment is the establishment of the purpose to harass, along with a course of alarming conduct or repeated acts intended to alarm or seriously annoy another
7 Apr 2010, 8:47 am by PaulKostro
As the Supreme Court explained in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
See, e.g., Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a party seeks a discovery extension after a trial date has been fixed, at a minimum, it must provide sufficient factual detail as to why an extension is required
5 Apr 2010, 2:23 pm by PaulKostro
Huszar v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Best interests of the child are the primary and overarching consideration in custody disputes
1 Apr 2010, 12:50 pm by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey courts must recognize and enforce foreign child custody determinations
1 Apr 2010, 12:43 pm by PaulKostro
Law Lessons from DANIEL PARKS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues