Wednesday, April 4, 2012

Family Court Fairness in NJ

In L.A. v. P.Q., the New Jersey Court upheld the findings from a last minute hearing with no prior notice to the parties. The Court's reasoning was that, although the parties may have been unprepared to present testimony, neither the mother nor father objected to this hearing in regard to custody of their minor daughter. Additionally, the Court found that the mother, although her attorney was present, failed to show how this hearing without notice or ability to prepare was prejudicial to her rights.
In the presence of her attorney, without objection to the Court by her attorney, the mother fully participated in providing testimony when left with the decision to provide testimony without the benefit of preparation or simply refuse to participate in the last minute hearing at the risk that the Court would certainly find in favor of the child's father without any testimony from the mother.
Although lawyers are obligated to act on their client's behalf, the Courts must be always mindful that they "exist for the sole purpose of rendering justice according to law. No eagerness to expedite business, or to utilize fully the court's time, should be permitted to interfere with our high duty of administering justice in the individual case.” State in Interest of D.J.C., 257 N.J.Super. 118, 607 A.2d 1371, N.J.Super.A.D. (1992).
Having an experienced matrimonial attorney by your side when facing a divorce/dissolution, child custody matter, post-judgment modification of child or spousal support is critical to ensure your issues are properly represented and you are afforded due process. Your financial future, parenting time and ability to get on with your life are at stake in such matters and you need someone in your corner who knows the law and how to protect your rights. For more information on family, matrimonial or civil union matters in NJ, visit

No comments:

Post a Comment