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Are Non-Relocation Clauses in Divorce Agreements Enforceable?

Posted On : 22 July 2016 By: Charles Vuotto

By Charles F. Vuotto, Jr., Esq. Can parties agree to provisions barring a custodial parent from relocating with his or her child out of the state? This question has just been answered by the Appellate Division in the unreported decision of Bisbing v. Bisbing.[1]  In Bisbing the parties’ Marital Settlement Agreement (“MSA”) provided that the read more

Child Custody Basics in New Jersey

Posted On : 24 April 2016 By: Charles Vuotto

It is public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing. In order to effect this policyboth parents read more

Editor-in-Chief’s Column: Parent Coordinators and Recommendations for Changes in Custody and Timesharing by Charles F. Vuotto Jr.

Posted On : 09 February 2016 By: Charles Vuotto

Are some parenting coordinators overstepping their bounds? Is this ‘overstepping’ being facilitated by poorly drafted agreements? In April 2007, the Supreme Court approved the Parenting Coordinator Pilot Program for Bergen, Middlesex, Morris/Sussex and Union counties and adopted guidelines for the program.1 As described in the overview section of the program standards, Read more

Parent Coordinators & Recommendations For Changes in Custody & Timesharing

Posted On : 29 December 2015 By: Charles Vuotto

By Charles F. Vuotto, Jr. Are some parenting coordinators overstepping their bounds? Is this ‘overstepping’ being facilitated by poorly drafted agreements? In April 2007, the Supreme Court approved the Parenting Coordinator Pilot Program for Bergen, Middlesex, Morris/Sussex and Union counties and adopted guidelines for the program.[i]As described in the overview section of the program standards, read more

Resolving Disputes Regarding Preschool Attendance

Posted On : 29 December 2015 By: Charles Vuotto

by Charles F. Vuotto Jr. The Honorable Lawrence R. Jones, J.S.C., has issued yet another insightful decision in the case of Madison v. Davis,1 concerning a legal issue of first impression regarding the rights and obligations of divorced parents when their child attends preschool.Recognizing there is no existing law directly on point, Judge Jones drew read more

EQUAL PROTECTION vs. PARENTAL AUTONOMY

Posted On : 29 December 2015 By: Charles Vuotto

By Charles F. Vuotto, Jr., Esq. Editor-in-Chief CAVEAT: All references below are to discussions occurring on the NJSBA Community’s Message Board with permission of each of the referenced authors. Many of us have recently seen reports of the Morris County case involving an 18-year old high school senior who left her parents’ home (either voluntarily read more

Should New Jersey Adopt Uniform Child Custody Evaluation Guidelines Applicable to all Professionals?

Posted On : 29 December 2015 By: Charles Vuotto

By: Charles F. Vuotto, Jr., Editor-in-Chief   Mental health professionals are often asked to perform custody and/or parenting time evaluations in family law cases. Generally, those evaluations are conducted by psychologists; however psychiatrists and social workers may also perform them. Each of those mental health disciplines, psychiatrists, psychologists, and social workers, is governed by their read more

WHAT IS HARM TO THE CHILD?

Posted On : 29 December 2015 By: Charles Vuotto

By Charles F. Vuotto, Jr., Esq. (Editor-in-Chief) Harm to the child. An easy enough legal standard, right? Perhaps not. Although our case law is riddled with this critical standard for judicial review in a myriad of situations, there is minimal instruction from our courts as to how the standard of “harm to the child” is read more

Do Kids Really Count?

Posted On : 17 September 2012 By: Charles Vuotto

When I began my year as Chair of the Family Law Section in 2009 I had several goals that I wanted to achieve.  Chief among them was rededicating our Section and all family law attorneys to the children that are negatively impacted by divorce.  Children are the true victims of divorce.  For many years the read more

FORENSIC CHILD INTERVIEWING: DOES AND DON’TS

Posted On : 17 September 2012 By: Charles Vuotto

Madelyn Simring Milchman, Ph.D., & Charles F. Vuotto, Jr., Esq.            Interviewing children incident to divorce or any other legal proceeding is, to put it bluntly, a minefield. There are many issues to be aware of before embarking upon what many may view as a rather mundane task. Let’s face it, most of us read more