Articles in the ‘Children’ Category
The Appellate Division reversed the trial court determination regarding the payment of private school expenses because there was no written agreement between the parties a hearing was required. Stone v. Stone, Jr., New Jersey App. Div., May 7, 2012
In this post judgment proceeding the Appellate Division determined the trial court erred when it did not consider the factors contained in Hoefers v. Jones, 288 N.J. Super. 590, 611-12 (Ch. Div. 1994), aff’d o.b., 288 N.J. Super. 478 (App. Div. 1996) when it concluded that because the PSA obligated defendant to contribute only to college costs, not private school expenses, plaintiff’s request for defendant to contribute was denied. Livingstone v. Daniel, November 22, 2011
The Appellate Division determined the trial court did not abuse its discretion when it elected to interview the 8-year old child who was mature enough to be interviewed as part of the parents’ parenting dispute. The Appellate Division determined the court erred by electing not to hold a plenary hearing where there are disputed material facts regarding the child’s best interests, and whether those best interests are served by modification of the existing parenting time schedule. Vidal, f/k/a Gelak v. Gelak, New Jersey App. Div., June 14, 2011
The Appellate Division upheld the trial court’s determination to dismiss a complaint filed by a natural father individually and on behalf of the minor children born of the former marriage against the natural mother seeking damages against the mother for alienation of parental affection based on alleged intentional and wrongful acts.