Free Speech Prevails: S.B.B. v. L.B.B. – Landmark Decision, Sept. 6, 2023

S.B.B. v. L.B.B. Docket No. A-0305-21 Decided September 6, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s order entering a final restraining order (FRO) against defendant for her pressuring her husband, plaintiff, to get a Jewish divorce, or “get” on…

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Appellate Division Affirms Denial: Samuel v. Calabrese Child Support Case

Rebekah Samuel v. Theodore Calabrese Docket No. A-2231-21 Decided August 14, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to modify supervised parenting time and child support, despite defendant’s alleged inability to pay for the supervised…

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NEW JERSEY COURTS FORBID LAY TESTIMONY OF PHONE GPS TECHNOLOGY WITHOUT A REQUISITE KNOWLEDGE OR EXPERIENCE WITH USING GPS

H.A. v. S.M.A. DOCKET NO. A-1631-21 Decided July 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after denying defendant’s testimony regarding her GPS location on the day in question. In H.A. v. S.M.A., Plaintiff…

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Remanded: An Order of Sole Custody and Over $20,000 In Sanctions Due to The Court’s Failure to Allow a Custody Expert to Be Cross Examined

R.G. v. K.G. Docket No. A-0464-21 Decided February 2, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order of sole custody and over $20,000 in sanctions due to the Court’s failure to allow a custody expert to be cross examined. In R.G.…

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Plaintiff And Defendant Could Not Agree on The Valuation of The Marital Home, And the Court Appointed an Appraiser Discarding Both Plaintiff and Defendant’s Valuations.

Knaust v. Knaust Docket No. A-0346-20 Decided August 30, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed an order denying a motion for reconsideration after plaintiff and defendant could not agree on the valuation of the marital home, and the court appointed an…

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Changes In Circumstance and The Decision to Reduce Financial Obligations for Alimony and Child Support

Lenore N. Zangrilli v. Jason D. Zangrilli DOCKET NO. A-0542-19 Decided July 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey found sufficient credible evidence supporting trial court’s decision to reduce defendant’s financial obligations to the plaintiff. The parties were married in 1994 and…

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Unless Divorce and Custody Agreements Are Reduced to Writing and Signed by the Parties Normally the Agreement Is Not Going to Be Enforceable

Goethals v. Goethals Docket No. A-3657-20 Decided June 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to enforce an agreement after mediation but never put into writing. In Goethals, after fifteen years of marriage, the…

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To Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence

A.L. v. M.C.L. Docket No. A-1733-20 Decided March 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the break down of a marriage. In A.L., the parties were…

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Affirmed: Several Post Judgment Orders From 38 Post Judgment Motions Filed by Plaintiff, Often Requesting the Same Relief

S.M. v. J.T. Docket No. A-5359-18 A-4428-19 Decided March 3, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same relief. In S.M., The parties, who divorced in 2014, have an…

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Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

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