Family Part

Back From the Dead

To date, 2022 has not been kind to this blog. Down for a period of time due to malware, and then only partially restored, the blog is now fully ready...

Which Should Come First in a Criminal Case Involving a Juvenile Sought to be Tried as an Adult: A Suppression Motion in the Family Part or Waiver to the Criminal Part?

State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: "This interlocutory appeal presents an...

Published Opinions From New Jersey's Appellate Courts This Week

Catching up with our appellate courts, here are summaries of the three published opinions (two by the Supreme Court and one by the Appellate Division, in addition to the COVID...

Judge Jane Grall (1949-2021)

Judge Jane Grall died on August 20 at age 72. A graduate of Trinity College in Washington, DC, she taught social studies in Cranford for six years before attending Rutgers...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

Motions to Terminate Alimony Obligations Due to Cohabitation or Remarriage Are to be Treated Like Summary Judgment Motions

Temple v. Temple, ___ N.J. Super. ___ (App. Div. 2021). When plaintiff Jeffrey Temple and defendant Cynthia Temple divorced, they entered into a marital settlement agreement, incorporated into their 2004...

This Week in the Appellate Division

The Appellate Division issued four published opinions this week (two on Monday and two yesterday). Here are summaries of those rulings: Wilhelm v. Ryder Logistics & Transportation Solutions, ___ N.J....

New Cases for the Supreme Court Involving the Tort Claims Act, Palimony and the Statute of Frauds, the "Three Strikes Law," and the "Ministerial Exception" of the First Amendment

The Supreme Court announced that it has granted certification in four new cases. One of those appeals is from a published opinion of the Appellate Division. The others involve unpublished...

Pre-Marital Agreements, Mid-Marital Agreements, Property Settlement Agreements, and (Today's Case) Agreements in the Nature of a Mid-Marital Agreement

Steele v. McDonnell Steele, ___ N.J. Super. ___ (App. Div. 2021). Judge Enright's decision for the Appellate Division in this case today involved an appeal of the Family Part's enforcement...

Getting Current With the Appellate Division

The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are...

1234…