Family Law

In a Decision – Friedman v. Friedman (an "Unreported Decision") >>   the Court Held:

The Appellate Division dismissed the appeal holding appellant must file an application in the trial court, pursuant to Rule 4:50-1 or on other grounds as he may deem appropriate, in order to set aside the divorce decree.

Following several years of litigation in the parties’ divorce proceedings, the trial court entered a default judgment of divorce which established property distribution, domestic support obligations, and child custody.  At the default hearing, to which Husband failed to attend, the trial judge barred defense counsel from cross-examining Wife because of Husband’s disregard for his obligation in the litigation over a period of years. The Appellate Division noted it was well established that appeals must be dismissed when taken against a judgment by default.

In a Decision – State v. Thomas (an "Unreported Decision") >>   the Court Held:

The Appellate Division determined that when Defendant took her daughter to a make-up water safety class rather than to father for his court ordered evening parenting time that act may be a crime. However, extenuating circumstances may apply.  The Court did too state that it was are keenly aware that the prosecution for a violation such as defendant's is a rarity, and the decision to prosecute this case is certainly debatable.

Defendant took her daughter to a make-up water safety class rather than to father for his court ordered evening parenting time.
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