In a case that serves as a warning to anyone considering a sham marriage for purposes of gaining US citizenship, a federal appeals court has put you on notice: don’t do it!
Sham Immigration Marriage Held Permanent
Bar To U.S. Residence
A Lebanese immigrant is bound for deportation for entering a fraudulent
marriage to get a green card 15 years ago, even though he has since married legitimately
and has a child, a federal appeals court says.
In a recent decision the court has upheld the importance of the role grandparents play in the lives of their grandchildren. This case also recognizes the vital roles attorneys play in the legal system and the benefit counsel can provide to clients.
FAMILY LAW 20-2-2501 R.K. v. D.L., App. Div. (Fuentes, P.J.A.D.) (55 pp.) Plaintiffs, the maternal grandparents of a 12-year-old girl, filed a verified complaint in the Family Part seeking visitation rights pursuant to our state’s grandparent visitation statute, N.J.S.A. 9:2-7.1. After joinder of issue, but before any discovery, defendant/father moved to dismiss the complaint under Rule 4:6-2(e). Because the court relied on the parties’ supplemental certifications, the motion judge decided the matter as a summary judgment motion under Rule 4:46-2(c). We reverse. The facts alleged by plaintiffs established a prima facie case for relief under N.J.S.A. 9:2-7.1. The court also erred in granting defendant’s motion to dismiss under Rule 4:46-2(c) because there were material issues of fact in dispute. The complexity and magnitude of the allegations also obligated the court to afford plaintiffs the opportunity to conduct discovery in order to gather sufficient evidence to overcome defendant’s presumptively valid objection to grandparent visitation as the child’s father. Although under Rule 5:4-4 and AOC Directive 08-11 grandparent visitation complaints are considered summary actions, the burden of proof imposed on plaintiffs in grandparent visitation cases under Moriarty v. Bradt , 177 N.J. 84, 117 (2003), cert. denied, 540 U.S. 1177 (2004), makes these matters ill-suited for traditional summary action designation. We, thus, hold that a complaint seeking grandparent visitation as the principal form of relief should not be automatically treated by the Family Part as a summary action. After joinder of issue, the vicinage Family Part division manager shall designate the matter as a contested case and refer the case for individualized case management by a Family Part judge selected by the vicinage presiding judge of Family Part. The judge shall review the pleadings and determine whether active case management is needed. We also hold that an attorney-prepared pleading should not have been rejected by the Family Part division manager merely because it did not use the standardized form approved by the AOC for pro se litigants. This approach displays a disrespect for the work-product of professionally trained and highly experienced family law attorneys.
In a controversial decision that has garnered a significant amount of media attention, the NJ Appellate Court has held that leaving a child alone and unattended in a car when the car is running can give rise to a charge of neglect. This decision must give every parent and care giver in NJ pause. It is imperative that you fight the temptation to leave the child in the car “just for a minute”. The momentary convenience could lead to charges.
Leaving a child alone in a car with the motor running for even just a few minutes can be enough to sustain a finding of abuse and neglect, a New Jersey appeals court rules.
A bill being considered by the NJ legislature aims to track those individuals who have committed domestic violence by making them wear an electronic ankle monitoring bracelet. This is a well-intentioned plan and could add an additional layer of protection to victims. While I have some concerns regarding the scope of the program I welcome any proposal that can provide an additional layer of security to those who have been victimized. Once the NJ Attorney General’s office has completed their study we will know whether the pilot program will be implemented.
A pilot program for electronic monitoring of domestic violence offenders in New Jersey is on hold pending a state attorney general study on whether police have the needed technology.
As children grow older, the issue of when they may be deemed emancipated arises. Emancipation is important because once found to be emancipated, parents have no legal duty to financially support the child.
Bill Giving Judges More Discretion In
Child Support Contests Advances
The New Jersey Senate Judiciary Committee on Monday endorsed legislation that
would give judges greater leeway in determining when child support should be
stopped or extended. The bill, S-1567,
passed without opposition and now goes to the full Senate for consideration. It
provides that a child can be considered emancipated if he or she is 18 and has
graduated from high school, gets married, joins the armed forces, no longer
attends post-secondary school, is employed full time or fails to provide the
parent with copies of course grades and transcripts
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