In a Decision A.A. v. T.A., (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court determination and held that Trial Court should have inquired of the parties whether custody was in dispute.
Following mediation, the parties reached a memorandum of understanding that provided for joint legal custody, designated defendant the parent of primary residence, and established a parenting time schedule. Defendant was ultimately granted a FRO (Domestic Violence), which maintained the parties' parenting time schedule. The parties later entered a consent order granting plaintiff alternate weekend and mid-week dinner parenting time pending judgment in their divorce matter. At trial, both parties largely agreed on maintaining the existing parenting time schedule and on sharing legal custody. The Appellate Division determined that the trial court erred in awarding sole legal custody to defendant without notice and in contradiction of the parties' positions at trial.