With everything reaching a global level these days, child custody battles are no exception. Parental child abduction is a growing international problem, often the result of a failed marriage that ends with one parent taking the children to a different country. The problem affects parents in many countries. The case…
Parties’ daughter was killed in an automobile accident on October 6, 2007. On January 10, 2008, the plaintiff filed a pro se motion seeking, inter alia, to reduce child support. The plaintiff argued that any modification should be retroactive to the date of the daughters death, while the defendant posited…
Court Enunciates New Test for Tolling Child Sex Abuse Statute of Limitations By Michael Booth New Jersey Law Journal June 11, 2009 The state Supreme Court on Thursday set out a two-stage analysis that trial judges must conduct to decide whether and for how long the two-year statute of limitations…
Thorpe v. Wiggan, 405 N.J. Super. 68, (2009). The doctrine of parental immunity has always protected parents from judicial intervention in normal child rearing decisions. The New Jersey Superior Court Appellate Division recently reexamined this doctrine in Thorpe v. Wiggan. This matter involves the tragic death of a four year-old…
“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give…
A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children,…
Paternity testing can cost up to $500, not including attorneys fees, should you desire representation. If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey…
Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor. Your obligation will certainly change if your ex…
In a recent New Jersey case, a mother’s parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child’s father). The Division of Youth and…
On June 15, 2007, former Baywatch star and singer, David Hasselhoff won full and physical custody of his two teenage daughters, 14 year-old Hayley and 17 year-old Taylor-Ann. His ex-wife, Pamela Bach, has been granted alternate weekends and on Wednesday nights for dinner. Mr. Hasselhoff also made it clear to…