Parenting Time

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In a  Decision – Slawinski v. Nicholas (a "Reported Decision") >>   the Court Held:

If the Court ordered Grandparent Visitation, then a Court must alter the ordered Grandparent Visitation and then upon a Change in Circumstances.

The parent's effort terminate a grandparent's visitation, which had been allowed pursuant to a consent order do not empower a parent to terminate or modify a consent order unilaterally. Rather, a request to modify or terminate visitation by consent order must be based upon a showing of changed circumstances as would warrant relief. Then, the parent bears the burden to show the modification or termination would not cause harm to the child.
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In a  Decision – Mullen v. Lentile - (an "Unreported Decision") >> 

 the Court Held:

The Trial Court heard arguments on the Order to Show Cause  without  conducting an evidential hearing and allowed Plaintiff's attorney to place allegations of wrongful conduct on the record in an ex parte fashion without first attempting to call defendant and allow Defendant to participate.

The Appellate Division  found that the judge placed undue emphasis upon defendant s demeanor during the hearing as a factor for the issuance of an FRO. The utilization of this as a factor both ignores and is at odds with a court proceeding that, by any objective measure, is laden with emotion. Defendant s stake in the outcome of the proceeding included the potential issuance of an FRO and the risk of loss of parenting time with his child.
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