In a Decision – In the Matter of the Adoption of a Child by M.E.B. and K.N., , (an Unpublished Opinion) >> the Court Held:
The Appellate Division affirmed the award of counsel fees against Grandparents who sought to adopt a Grandchild against the wishes of a Parent who had not abandoned a child and because grandparents had dismissed a visitation demand.
On appeal, the court affirmed the counsel fee awards, concurring with the trial court's conclusion that plaintiffs "unreasonably advanced" litigation in both cases despite knowing E.G. was unavailable for adoption. The court noted that plaintiffs' attempt to obtain adoption to provide E.G. a "better home" was not an appropriate course of action if plaintiffs were concerned for E.G.'s safety in defendants' custody. Instead, the court noted that the proper course of action was for plaintiffs to contact a child protective services agency, rather than engaging the costly procedure of court litigation.