Directive # 08-11 Family – Non-Dissolution Matters (FD Docket) – Revised Procedures

Directive # 08-11  Family – Non-Dissolution Matters (FD Docket) – Revised Procedures 

Date: September 2, 2011 

This Directive promulgates revised filing and post-dispositional procedures for the Non-Dissolution (“FD”) docket type. The Judicial Council approved these revised procedures on the recommendation of the Conferences of Family Presiding Judges and Division Managers. Also relevant here are the amendments to Rule 5:4-4 that the Supreme Court adopted as part of the July 21, 2011 omnibus rule amendment order which became effective September 1, 2011. The forms referenced in the revised procedures as described below are appended to this Directive. 

The Non-Dissolution docket provides relief to never married parents seeking custody, parenting time, paternity, child support and medical support. It also serves couples seeking certain reliefs, such as financial support without dissolution of their union. Additionally, the Non-Dissolution docket includes non-parent relatives seeking custody, child support and/or visitation regarding minor children. Self-represented litigants comprise the majority of those filing in the Non-Dissolution docket. 

Efficient methods for processing Non-Dissolution cases are crucial to the operation of the court and to court customers seeking relief under this docket type. Having standardized statewide practices enables all court customers to have a clear and consistent understanding and a defined process for the resolution of disputes that fall under this docket type. 

The following procedures relating to Non-Dissolution cases are approved, effective September 1, 2011: 

All Non-Dissolution cases will be initially processed as Summary actions, with additional discovery at the discretion of the judge. 

Appearance of the parties for hearings is mandatory (with specific exceptions described below). 

Richard J. Hughes Justice Complex • P.O. Box 037 • Trenton, New Jersey 08625-0037 Directive # 08-11 September 2, 2011 Page 2 of 3 

Initial complaints and post dispositional applications must be submitted by attorneys and by self-represented litigants using the attached revised forms. The Non-Dissolution complaint will be posted as a packet with instructions on the judiciary website (www.njcourts.com). At present Non-Dissolution matters may not be filed electronically; thus these completed forms must be submitted by mail or in person at Family intake. 

The revised procedures distinguish between Non-Dissolution motions and the Dissolution motion process governed by R. 5:5-4 and R. 1:6-2. Attorneys and self-represented litigants will utilize the same process for initial Non-Dissolution complaints and for applications for post-dispositional activity. 

Non-Dissolution cases involve various issues where different methods of complementary dispute resolution (“CDR”) can be used. The screening of initial and post-dispositional Non-Dissolution applications for CDR options is important to ensure efficient case management. Use of all available CDR processes contributes to better customer service and the effective use of judicial resources. Each initial complaint and post-dispositional application should be screened based on the approved screening tool. This screening process does not replace a court order directing a case to be handled a certain way or management determining the court path of a particular case. 

A new complaint form for Non-Dissolution actions entitled “Verified Complaint or Counterclaim” and “Application for Modification of Court Order” (post- judgment) has been approved for use. That form is attached to this Directive. FV cases should utilize the “Application for Modification of Court Order” when the request to modify does not involve restraints. 

The revised forms include a certification and instructions for an optional written response, with service to the non-filing party. 

Initial service by mail pursuant to R. 5-4-4 (b) (1), which governs child support actions, has been approved for use in Non-Dissolution custody and parenting time filings. 

“Diligent Inquiry” must be conducted by the filing party when the non-filing party’s whereabouts is unknown, with certification of such inquiry to be submitted to the court. Instructions and forms on how to make such diligent inquiry will be provided to the filing litigant. Cases cannot proceed until certification with documentation of location efforts is submitted to the court, with the judge to determine the adequacy of the inquiry efforts made. 

The form of Summons has been revised so as to inform the responding party that failure to appear at the hearing may result in entry of a default order or awarding the plaintiff the requested relief. 

The “Order to Show Cause” process has been simplified and is included in the list of reliefs available in the revised forms, making a separate Order to Show Cause packet unnecessary. 

The request to relocate children has been created as a separate relief and is listed in the “Application for Modification of Court Order.” Each party will be able to advise the court as to their respective positions on the matter prior to the court hearing. 

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Incarcerated litigants are to use the post-dispositional application form to apply for modification of child support orders and for bench warrant review. The forms will be made available to prisons via electronic distribution and posting on the Judiciary website. For both initial and post-dispositional hearings, incarcerated litigants will be permitted to request a waiver of their appearance by checking a box on the forms. The court can decide the case on the papers submitted or may utilize whatever electronic means are available, such as video or telephone testimony, in lieu of physical appearance. 

Implementation of the revised Non-Dissolution practices will be in several phases. This Directive will be published as a notice to the bar. Guidance concerning the procedures will be issued to staff by the Family Practice Division along with plans for training for vicinage staff. Notice will be provided by the Family Practice Division concerning the availability of new forms in NJKiDS. The new forms and instructions will be posted on the Internet for easy access by the public (as well as being posted on the InfoNet for staff access). 

I am asking that each vicinage review its current Non-Dissolution procedures and prepare a plan for implementing the revised procedures set forth above. The vicinage implementation plan should consider the available CDR options, the intake process, and communication with the Bar, along with any barriers to implementation. The vicinages should submit their implementation plans to me by October 1, 2011. Thank you. 

Questions or comments regarding this Directive or the Non-Dissolution docket in general may be directed to Assistant Director Harry T. Cassidy or to Geraldine Washington, Chief, Family Practice Division, 609-984-0066. 

G.A.G. 

S