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Where the movant seeks a change in a de facto custody arrangement, the movant need only show that it is in the child’s best interests to change custody

27 Apr 2010, 8:23 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable

13 Apr 2010, 8:49 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

In order to impute income, the court must make a finding that the party is voluntarily underemployed without just cause

5 Nov 2009, 8:34 am

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited disc

23 Aug 2010, 1:02 pm by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity

24 Feb 2010, 12:36 pm by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The tender years exception to the hearsay rule

7 Jun 2010, 8:13 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s

26 Feb 2010, 8:02 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Service agents at Internet and other Service Providers

27 Jul 2009, 9:06 am

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

How the newly revised Rule 1:38-1 et seq. has been organized

16 Sep 2009, 9:27 am

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If a Domestic Violence defendant obtains evidence post-judgment that he claimes to be relevant to the charges against him, he can seek relief from the judgment

8 Jan 2010, 8:20 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The adverse inference charge, also known as the Clawans charge, is available when a party does not call to the stand a witness that the party has the power to produce and whose testimony would be superior to testimony presented at trial

3 May 2010, 1:56 pm by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and

15 Jul 2010, 10:09 am by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion

1 Sep 2010, 9:30 am by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain

18 Dec 2009, 9:22 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The constitutional right to effective assistance of counsel has no application in civil proceedings

16 Jun 2010, 10:30 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A defendant has the burden to presented evidence to support a claim of self-defense

10 Aug 2009, 10:00 am

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The Rules of Court require that all depositions be conducted continuously and without adjournment unless a party seeks suspension of the deposition in order to seek a protective order, or to seek an order to compel the deponent to answer a question

9 Aug 2010, 6:07 am by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

What is Hearsay

14 Oct 2010, 12:42 pm by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A pro se attorney litigant is not entitled to a fee award

15 Oct 2010, 1:45 pm by PaulKostro

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it

29 Apr 2010, 9:31 am by PaulKostro

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues