Grandparents Visitation (Major v. Maguire)

DOCKET NO. A–5560–12T1

Plaintiffs Suzanne and Anthony Major are the paternal grandparents of a six-year-old child whom we identify here as "Jane" to protect her privacy. Defendant Julie Di Liberto is Jane's mother; Jane's father Anthony C. Major died approximately two months before plaintiffs filed this complaint seeking visitation with their grandchild pursuant toN.J.S.A. 9:2-7.1. The Family Part dismissed plaintiffs' complaint without an evidentiary hearing or permitting the parties to engage in discovery. The court also did not conduct a case management conference or otherwise make any effort to identify the issues in the case or determine the potential for settlement through alternative methods of dispute resolution.

In this appeal, plaintiffs argue the trial court erred in dismissing their complaint as a matter of law because they established a prima facie case for relief pursuant to the standards established by the Legislature in N.J.S.A. 9:2-7.1, and our Supreme Court's holding in Moriarty v. Bradt, 177 N.J. 84, (2003), cert. denied, 540 U.S. 1177, 124 S. Ct. 1408, 158 L. Ed.2d 78 (2004). Plaintiffs also argue the court abused its discretion in failing to permit the parties to engage in discovery, in precluding them from presenting the testimony of an expert who would have opined as to the potential harm Jane would suffer from being denied regular contacts with her paternal grandparents, and failing to conduct a case management conference to identify the particular issues in the case and determine the potential for resolution through mediation.

Defendant argues the trial court properly dismissed plaintiffs' complaint because they failed to overcome her presumptively valid objections to visitation as Jane's mother. She also claims the court did not abuse its discretionary authority under Rule 5:5-4(a) in denying discovery or conducting a case management conference because the nature of this summary action required expedited resolution.

After reviewing the record before us, we are compelled to remand this matter for the Family Part to manage and adjudicate this grandparent visitation action consistent with the procedural guidelines we described in R.K. v. D.L., 434 N.J. Super. 113, 137-40 (App. Div. 2014). In the interest of clarity, we will briefly describe the limited facts that informed the trial court's ruling.

Defendant and Jane's father had a romantic relationship and cohabitated during the period of time Jane was born. Jane's father was diagnosed with cancer in August 2009, while he and defendant resided together as a committed, though unmarried, couple. Defendant and Jane's father ended their relationship and separated as a couple in November 2009. Despite their separation, the couple wanted to maintain a fair and balanced relationship with respect to their daughter, equally sharing their parental responsibilities. As defendant indicated in her certification to the Family Part:

After we separated and through [Jane's] father's diagnosis, we continued our parenting arrangement, 50-50, because I believed it was in the best interest of our daughter to spend time with her father, and also in the best interest of [Jane's] father, who was experiencing a very difficult challenge with his health and who was not going to be around much longer.

Jane's father died on February 21, 2013.

The role plaintiffs played in their granddaughter's life during her father's illness is strongly disputed by the parties. What appears to be clear, however, is that communication and cooperation between plaintiffs and defendant deteriorated during Jane's father's illness, and reached a critical impasse after his death. Although not explicitly stated, we can safely assume plaintiffs were experiencing an emotionally difficult situation during the time leading to their son's demise. We can also appreciate how difficult it must have been for defendant to protect her young daughter from the fallout of this emotional turmoil, while trying to honor the child's father's rights to share the last moments of his life with her. These and other critical details need to be explored and placed in their proper context by the Family Part.

Defendant is now married and has a son with her husband. Although seemingly sympathetic to plaintiffs' wishes to have Jane honor her father's memory, defendant alleges plaintiffs' actions have improperly undermined her parental authority. Plaintiffs argue the child will suffer emotional and psychological harm if they are not permitted to nurture the relationship they developed with their granddaughter during the time the child was with her father in the waning months of his life.

Unable to reach a suitable compromise, plaintiffs filed a complaint seeking visitation with their granddaughter pursuant to N.J.S.A. 9:2-7.1. Although represented by counsel, plaintiffs used the standard uniform "Verified Complaint" form for summary proceedings. This "complaint" was filed on April 17, 2013. Before receiving any response from defendant, the Family Part scheduled a visitation hearing on May 29, 2013. By letter dated May 24, 2013, counsel for defendant advised the vicinage's "FD UNIT" that she had been retained to represent defendant's interests in the matter and requested an adjournment of the hearing scheduled for May 29, 2013. This prompted plaintiffs' counsel to send her own letter dated May 28, 2013, (just one day before the visitation hearing), objecting to the adjournment "unless the Defendant will agree to interim grandparent visitation."

By notice dated May 28, 2013, the Family Part informed counsel that the visitation hearing scheduled on May 29, 2013, at 8:30 a.m., had been rescheduled to June 12, 2013, at 1:30 p.m., before a specifically named judge. On June 5, 2013, just one week before the visitation hearing, defendant filed an answer and counterclaim (again utilizing the standard form provided by the Family Part), supplemented by thirty pages of exhibits, including a certification from defendant with thirty-six separate paragraphs, legal memorandum, and a certification from counsel in support of her application for counsel fees.

The parties and their respective attorneys appeared before the Family Part on June 12, 2013 at 1:30 p.m. Plaintiffs' counsel requested leave from the court to respond to defendant's belated submissions. After an extensive colloquy with counsel from both sides, the trial judge advised plaintiffs' counsel that they needed

to make a prima facie showing that denial of visitation would assert a particularized identifiable harm on the child, which would warrant intervention by the Judiciary.

I think that is clear in the case law in New Jersey. The parental -- the parents' fundamental rights to raise their child, as they see fit, are paramount in these cases and while -- and I'll say this on behalf of the court -- our condolences on behalf of your son. It is a tragedy –- anyone who dies of a terrible disease at such a young age.

But that -- but in a particular case of grandparent visitation, which is what you are asking for, the applicant must clear that first hurdle.

And it is clear in the case law. You don't get a plenary hearing unless you clear that first hurdle.

After engaging in further colloquy with counsel, the judge found that based on facts set out in plaintiffs' standardized form-pleading, plaintiffs had not met their burden of showing

a particularized harm to the child. That said it is a complaint and, therefore, the court should take testimony on that issue.

And for the sole purpose of determining whether or not the grandparents' proofs are sufficient to overcome the presumption if they were parental decision-making and whether or not they can meet the prima facie showing that they can prove to the court that there is a particularized harm to the children or child in this case, as set forth inMoriarty and progeny, that if they are not granted parenting time it will be harmful to the child.

Given the lateness of the hour,¹ the judge directed the parties to appear the following day for the purpose of hearing testimony from plaintiffs to supplement the allegations made in their complaint. Overruling defense counsel's repeated objections, the judge permitted plaintiffs to testify without being subjected to cross-examination. The judge viewed the proceedings as plaintiffs' opportunity "to amend [their] complaint orally as opposed to in writing. If I see fit, I will allow [defense counsel's] client to amend her cross-complaint or counterclaim orally as well."

At the conclusion of this ad hoc approach, the judge found plaintiff had not made a prima facie showing

of two things. Number one, that there is a particularized harm to the child by not having visitation.

And number two -- and I think this is just as important -- and I'll use the Wilde^[2] case as my basis.

Suits of this nature occur when relations between the parent and the grandparent have deteriorated. Before engaging the courts, grandparents should be obliged and obligated to make substantial efforts at repairing the breach, if any. In addition, litigation, ordinarily, should not be threatened before visitation has been denied with finality. In this particular case that hasn't happened yet.

Unfortunately, when we come to court and we rush to court before we have even explored those options, it creates an even greater strain on the relationship.

And here we are. Clearly, they have had some visitation -- not visitation – but have been able to visit with their granddaughter.

What wasn't testified to at all was any kind of efforts that have been made. Without anything in particular, there was some phone calls and there was a luncheon set up. But, clearly, visitation has not been denied with finality.

Therefore, I will dismiss their complaint without prejudice in this case.

And I would instruct the parties to follow the case law and at least be aware that those are what the court will rely on if another complaint is brought.

[(Emphasis added.)]

Conspicuously missing from the trial judge's analysis is any reference to the statutory standards established by the Legislature in N.J.S.A. 9:2-7.1. In R.K., supra, this court recently addressed in great detail the procedural and substantive approach the Family Part must employ in adjudicating grandparent visitation complaints. 434 N.J. Super. at 140 -44. This approach is grounded in the constitutional concerns expressed by the Court in Moriarty and the Legislature's codified standards in N.J.S.A. 9:2-7.1. Notwithstanding their designation as summary actions, we emphasized the need for the Family Part judge assigned to the case to meet with the parties and their attorneys

as soon practical after joinder of issue, to determine, on the record: (1) the nature of the harm to the child alleged by plaintiff; (2) the possibility of settlement through mediation or as otherwise provided in Rule 5:5-5; (3) whether pendente lite relief is warranted; (4) the extent to which any of the facts related to the statutory factors identified in N.J.S.A. 9:2-7.1(b)(1) through (8) can be stipulated by the parties; (5) whether discovery is necessary, and if so, the extent and scope of the discovery, as permitted by Rule 5:5-1(a), written interrogatories, production of documents, Rule 4:18-1, request for admissions, and consent to release documents not within the possession of the party -- discovery may be completed within the time allotted in Rule 5:5-1(e), or as otherwise ordered by the court; (6) whether expert testimony will be required, and if so, the time for submission of the expert's report and curriculum vitae, the time for submission of defendant's rebuttal report if any, and whether deposition of the expert(s) will be required or permitted; (7) a protocol for the filing of motions, including motions to compel discovery, motions seeking protective orders to exclude or limit evidence based on an assertion of privilege, or because the release of the information would adversely affect the child's best interest, or unduly infringe upon the privacy rights of the custodial parent; and (8) a tentative date for the filing of dispositive motions and/or a plenary hearing if necessary to adjudicate plaintiff's complaint and resolve any material facts in dispute.

[Id. at 138.]

We recognize that R.K. had not been decided at the time this case came before the trial court. We also reaffirm that the list of possible case management issues we described in R.K. "is by no means exhaustive of the myriad of potential case management issues that may arise in any given case. The need and degree of judicial supervision is left entirely to the discretion of the trial judge." Ibid. That being said, the ad hoc approach employed by the trial court here is inconsistent with the legal principles expressed by the Court in Moriarty and untethered to the standards codified in N.J.S.A. 9:2-7.1. We are thus compelled to reverse and remand this matter for the trial court to reexamine plaintiffs' complaint de novo, adhering to the procedures and principles we described in R.K.

Finally, we are duty-bound to comment on the trial judge's expression of his personal views concerning the wisdom of litigants exploring non-adversarial means of resolving these disputes as a jurisdictional prerequisite to these causes of action.³ Although likely well-intended and arguably couched as commonsense observations, a judge's personal views should play no role in determining the legal viability of a case, especially when, as here, the Legislature has codified the elements of the cause of action as a matter of public policy. We thus caution our colleagues at the trial court not to permit their personal views to overwhelm the legal process. A judge must always act in a manner that reassures all affected that he or she will be guided exclusively by the factors established by law and not by the judge's personal code of conduct. See State v. Tindell, 417 N.J. Super. 530, 571 (App. Div. 2011).

Reversed and remanded. We do not retain jurisdiction.

Disagreement is Not Domestic Violence (C.C. v. T.W.C.)

Docket No. FV-14-000363-13.

Plaintiff C.C. appeals from an order of the Family Part denying her request for entry of a final restraining order (FRO) against her estranged husband, defendant T.W.C. We affirm.

The parties were married in July 2003 and have two children, a six-year-old boy and a three-year-old girl. They separated on August 12, 2012, when defendant moved out of the marital home, and agreed upon a visitation schedule of one day per weekend for twelve hours at the marital home.

The incident of which plaintiff complains occurred during one such visit. On Saturday, September 29, 2012, defendant attended his son's soccer game and returned with the boy to the marital home to continue his visitation time. After dinner with the family, defendant asked plaintiff for permission to take the Toyota 4Runner, an SUV which plaintiff had been driving during the marriage, to IKEA to purchase a mattress for his own use. To transport the mattress, defendant needed the SUV's cargo space that the Honda Accord, which he customarily used, lacked. Defendant also suggested taking his son with him. Plaintiff refused to allow defendant to take the car that evening, or even the following day or Monday morning, as proposed by defendant.

An argument ensued and the parties' accounts of what occurred next differ. According to plaintiff:

A Yes, he forcefully took our son and went to the garage. Opened the garage door, and then opened the back door of the 4Runner, and yelled at [our son] to get in. So I stopped [defendant]. And then [defendant] got on the driver's seat and turned on the car. And my son was standing on the back seat right next to it. And I was in between the driver's side and the door.

. . . .

A I was standing here, and I said, I do need this car, and I cannot let you take this car away. And he said, this car is under my name, I can do it anything I want. And he also said, you know, even if you don't get away I'm just going to drive and leave.

Q And what happened next?

A And then [defendant] put the transmission to a rear, and moved, he backed up the car quite fast, a little bit.

Q And were you standing at that moment in the driver's side doorway as is depicted in this photograph?

A Yes. Yes, I was holding onto it. Then [defendant] closed the driver's side door.

Q While you were still in it?

A Yes.

Q Then what happened?

A Then I banged my left knee to the car, and I fell to the ground.

Defendant denied that he attempted to drive the vehicle in reverse or that plaintiff ever fell to the ground. Rather, according to defendant:

And I then entered the car and I turned the engine. But [plaintiff] ran to the driver's side and yanked door open really violently . . . . So I tried to close the door, using my left arm. But she come around the door, the driver's side door. And then the car, and then lean very -- leaned backward using her entire upper body to stop me close the door.

. . . .

So between the between the car door and driver's seat, she was pushing -- she pushing on her entire upper body like this, and then to stop me from closing the car door.

. . . .

Well so I initially closed the door, but she used her entire body, so I couldn't close it, because her -- she's like, she's a strong woman and cannot, so I just give up. And then she says, oh my leg hurts, you're, my leg hurts, now I'm calling the police and you're "fucked" up.

At the close of evidence, the Family Part judge denied plaintiff's application and dismissed the temporary restraining order previously issued on plaintiff's complaint of assault and harassment. Characterizing the incident as a "battle of the wills," the judge further reasoned:

Now in that context I have to say I think I tend to be very cautious in issuing a Restraining Order when it involves a scenario where parties are in the process of a breakup of a relationship. That in fact is the principle announced in J.D. [v. M.D.F., 207 N.J. 458 (2011)] that courts should be careful in those situations. And I think that the tendency of our Domestic Violence Jurisprudence is to make sure it is not applied too broadly to situations again that involve parties in the midst of a breakup. That doesn't mean that there [can't] be, obviously, an act of domestic violence when there's a breakup. But rather tha[t] when you look at situations, you should look at them in that context and be careful.

. . . .

. . . I have difficulty getting around the fact that this particular incident I find was a battle of wills over a car that brought into it emotional and I guess legal and other issues between the parties. And that's how it got to that point. And so I think it would be off the mark to find a party guilty of domestic violence in that context, citing J.D. [v. M.D.F., supra.]

This appeal follows.

The scope of our review is limited. Cesare v. Cesare, 154 N.J. 394, 411 (1998). "The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. at 411-12 (citing Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974)). "Deference is especially appropriate when the evidence is largely testimonial and involves questions of credibility." Id. at 412 (citations and internal quotation marks omitted). Moreover, we accord particular deference to family court factfinding "[b]ecause of the family courts' special jurisdiction and expertise in family matters[.]" Id. at 413.

In this respect, the Court has recognized the difficulty for a "trial court to discern on which side of the line running between domestic violence and ordinary 'contretemps' a particular act properly falls." J.D., supra, 207 N.J.at 482. Yet, Family Part judges "have been specially trained to detect the difference between domestic violence and more ordinary differences that arise between couples, and [because of that expertise,] their findings are entitled to deference." Ibid. (citing Cesare, supra, 154 N.J. at 412-13).

The task of a judge considering a domestic violence complaint, pursuant to the Prevention of Domestic Violence Act of 1991 (Act), N.J.S.A. 2C:25-17 to -35, is two-fold. Silver v. Silver, 387 N.J. Super. 112, 125 (App. Div. 2006). "First, the judge must determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred." Ibid. "[W]hen determining whether a restraining order should be issued based on . . . any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether there exists immediate danger to person or property." Id. at 126.

"The second inquiry, upon a finding of the commission of a predicate act of domestic violence, is whether the court should enter a restraining order that provides protection for the victim." Ibid. The commission of one of the enumerated predicate acts does not automatically mandate the entry of a domestic violence restraining order. Id. at 126-27. "Although this second determination . . . is most often perfunctory and self-evident, the guiding standard is whether a restraining order is necessary, upon an evaluation of the factors¹ set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim from an immediate danger or to prevent further abuse." Id. at 127. As noted, in making this determination, a court must also consider the previous history of domestic violence between the parties.McGowan v. O'Rourke, 391 N.J. Super. 502, 506 (App. Div. 2007).

Based on our review of the record, we are satisfied that the Family Part judge, in denying the application for an FRO, fully considered the testimony and weighed plaintiff's allegations against the statutory standards and case precedent. We agree with the judge that the evidence was insufficient to support a finding of a purpose to cause bodily harm to plaintiff under N.J.S.A. 2C:12-1, see N.J.S.A. 2C:25-19(a)(2); or to harass her under N.J.S.A. 2C:33-4, see N.J.S.A. 2C:25-19(a)(13). Rather, as the judge found, the incident amounted to no more than a battle of wills, a tug of war, with one individual attempting to shut the door and leave and the other individual attempting to force it open and make the other individual stay. In this regard, we find sufficient credible evidence in the record that plaintiff approached the driver's side door while defendant was already inside of it, yanked it open while defendant was trying to close the door, and then wedged herself in-between the door and the car, preventing defendant from shutting it, and prompting defendant to discontinue his attempt to shut the door. Under the circumstances, and given the Family Part's well-recognized expertise in interpreting the interactions of a couple, J.D., supra, 207 N.J. at 482, we defer to the judge's finding that the evidence established only a dispute between a couple in the midst of a breakup, disagreeing over the use of an automobile. See Franklin v. Sloskey, 385 N.J. Super. 534, 544 (App. Div. 2006).

Affirmed.

                                                   NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

L.S. v. J.S.

Docket No. FV-14-824-13

Defendant J.S., Jr., appeals from a final restraining order (FRO) against him by the Family Part under the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant argues the court erred by finding he committed the predicate offense of harassment, N.J.S.A. 2C:25-19a(13), as defined in N.J.S.A. 2C:33-4. We agree and reverse. The trial court's ruling is not supported by factual findings based on the evidence presented at trial as required under Rule 1:7-4. The court also failed to articulate a basis for the issuance of restraints against defendant, as this court made clear in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006).

We start our discussion by noting that the record before us does not contain a copy of the original domestic violence complaint or the transcript of the hearing reflecting the factual and legal basis warranting the issuance of the temporary restraining order that preceded this FRO hearing. We thus derive the controlling facts from the record developed before the court at the FRO hearing. In this respect, we note the parties appeared pro se; this required the trial judge to question the parties directly; they were also the only witnesses to testify at the hearing.

By the time this matter came before the court in March 2013, the parties had been married for nearly twenty years, but were separated and anticipating divorce. Two children were born of the marriage, a daughter aged nineteen and a son aged seventeen. The incident that gave rise to this appeal began as a disagreement about the sale of a Toyota Tundra truck. According to plaintiff, she was the principal driver of the truck, although defendant was the registered owner and the party financially responsible to repay the loan used to purchase the truck.

Defendant is a self-employed contractor. Plaintiff appears to derive her income from babysitting. Defendant testified he decided to sell the Toyota truck because he has been struggling financially and could no longer afford to keep a total of three vehicles, two trucks, a 2005 Chevy utility body, the Toyota Tundra, and a 2003 Hyundai Elantra. Defendant specifically wanted to eliminate the $488 monthly loan payment associated with the Toyota Tundra.

According to plaintiff, on the day that gave rise to this complaint, defendant went to the home where she was babysitting, took the Toyota truck's keys, and drove away with the truck "to show it to someone for a possible sale." The truck was sold by the time this matter came before the court in March 2013. Plaintiff gave the following testimony in response to the trial court's inquiry about the basis for seeking domestic violence relief:

The reason I got the Restraining Order, which made me sick to my stomach because I never thought I'd have to do, and I felt terrible doing it. Is because he took the truck, he then shut my phone off,¹ and I knew that day when I came home from work, if he didn't get that Restraining Order that Wednesday morning, my dog would have been gone. Because he's very spiteful and he has a very hot temper. And my daughter is petrified he's going to come and take that dog.

Against this testimony, the trial judge made the following findings in support of his decision to issue an FRO against defendant

[I]t does appear as [plaintiff] is saying that the truck is sold out from under her to retaliate in some fashion. The phone is turned off to retaliate. There's a reference to the dog. It's, in my view, not likely that that wasn't also part of the hopper.

I don't, you know what, the good book says "Judge not, so you won't be judged." And it happens when people's lives are changing, everybody is upset, and kids, and money, and on and on, bad things happen. But it's not good. And in this situation, I can't be comfortable in allowing that sort of thing.

Particularly the turning off, and in our society and our Jurisprudence victims of domestic violence, there is a heightened concern, and it just doesn't sit will to have somebody's phone in our culture turned off in that fashion, plus the other stuff. It does appear to me that it was, these things are being done for the purpose of getting back at upsetting, and successfully so, the plaintiff.

Rule 1:7-4(a) requires a trial court to describe, by oral opinion or memorandum of decision, the facts it finds are supported by the competent evidence in the record, and the conclusions of law substantiating the relief awarded to the prevailing party. Curtis v. Finneran, 83 N.J. 563, 570 (1980). When the court fails to perform this duty, it results in a "disservice to the litigants, the attorneys and the appellate court. Naked conclusions do not satisfy the purpose of [Rule] 1:7-4." Ibid. (internal quotation marks and citations omitted).

Here, the conclusory statements uttered by the judge at the conclusion of the FRO trial failed to make the factual findings required under Rule 1:7-4(a). The court's emphasis on defendant's decision to disconnect plaintiff's phone is indicative of this lack of evidential support because this event occurred after the temporary restraining order had been issued. An alleged post-complaint act by defendant cannot be used as a basis to support the allegations of harassment made by plaintiff in her complaint.

We are also particularly troubled by the trial judge's failure to analyze plaintiff's allegations against the elements of harassment as codified in N.J.S.A. 2C:33-4. Without this analysis, there is no way to determine whether plaintiff sustained her burden of proof, establishing a legal basis for the issuance of permanent restraints against defendant. As we noted in Kamen v. Egan, 322 N.J. Super. 222, 229 (App. Div. 1999), the domestic violence act "is intended to assist those who are truly the victims of domestic violence. It should not be trivialized by its misuse in situations which do not involve violence or threats of violence." The Act was intended "to address matters of consequence, not ordinary domestic contretemps . . . ." Corrente v. Corrente, 281 N.J. Super. 243, 250 (App. Div. 1995).

In adjudicating a domestic violence complaint, the Family Part must perform a two-fold task. "First, the judge must determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred." Silver, supra, 387 N.J. Super. at 125. Second, the court must determine "whether a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim from immediate danger or to prevent further abuse."Id. at 127. Here, there is no evidence indicating defendant engaged in a pattern of acts to intentionally harass defendant. The record is equally devoid of evidence showing plaintiff is in need of protection from defendant.

Reversed.

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

G.N.S. v. R.A.M.

Docket No. FV-09-002180-13

Defendant R.A.M. appeals from a final restraining order (FRO), issued against him by the Family Part under the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17-35.¹ Defendant argues the court erred by finding he committed the predicate offense of harassment, N.J.S.A. 2C:19a(13), as defined in N.J.S.A. 2C:33-4. Defendant further argues the court erred by failure to find that the FRO was necessary to protect the plaintiff from future acts of domestic violence. We agree and reverse. The court did not articulate a basis for the issuance of the restraining order as required by the Act. Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006).

G.N.S. and R.A.M. had a dating relationship approximately five to seven years prior to the entry of the FRO. The relationship was of a short duration lasting approximately two months. Upon the termination of the relationship, the parties did not have contact of any kind with each other. G.N.S. thereafter was married and had a child.

In early February 2013, R.A.M. initiated contact with G.N.S. through Facebook. They became Facebook "friends." On Valentine's Day of that year, G.N.S. personally delivered to R.A.M., cupcakes at his place of business. There was one other "face-to-face" meeting which occurred over lunch with her child present.

The communications between the parties, for several weeks, were friendly, and admittedly by G.N.S., "flirtatious." G.N.S. acknowledged during the hearing that she was "leading him [R.A.M.] on." Notwithstanding, G.N.S. testified that she did not want to resume a "dating" relationship with R.A.M. and advised him so. Despite this advisement that she only wanted to be friends, R.A.M. continued his pursuit to rekindle their prior relationship. R.A.M. would communicate with G.N.S. by text, phone, and Facebook after G.N.S. requested that he cease. After an early-morning phone call from R.A.M. (unanswered) on March 6, 2013, G.N.S. sought and received a Temporary Restraining Order (TRO). Upon service of the TRO, there was no further contact by R.A.M. R.A.M. did not testify at the trial.

The trial judge, at the conclusion of the hearing, found that R.A.M.'s continued communications, after being advised to cease by G.N.S., constituted the predicate offense of harassment. The FRO was issued. The trial judge cited as the bases for his finding that:

[The] attempt by him to contact her was something that was annoying her and to try to do so at 20 to 2:00 [sic] in the morning certainly is what would be an inconvenient hour under N.J.S.A. 2C:33-4(a).

Given that the contacts continued right up until the point where the restraining order was entered, even though [G.N.S.] had made it very clear to [R.A.M.] that she no longer wanted to communicate with him in any way, he was continuing to do so after knowing that that was annoying to her, and that she did not want to continue it constitutes an act of harassment. There will be a final restraining order.

On this appeal, R.A.M. argues that the trial judge failed to make appropriate findings as to "purpose." This finding is requisite to establish harassment. Arguably, the judge's finding of the predicate offense of harassment including "purpose" finds support within the record. As our courts have noted, there is rarely direct proof of intent and purpose may often be inferred from what is said and done in the surrounding circumstances. After R.A.M. was advised by G.N.S. that his "advances" were no longer welcome, he continued to make numerous attempts at contact. The judge found that the number of contacts on one day, as well as contact in the early morning hours, was sufficient to constitute the predicate offense.

As noted in Kamen v. Egan, 322 N.J. Super. 222, 229 (App. Div. 1999), the domestic violence act "is intended to assist those who are truly the victims of domestic violence. It should not be trivialized by its misuse in situations which do not involve violence or threats of violence." The Act was intended "to address matters of consequence, not ordinary domestic contretemps." Corrente v. Corrente, 281 N.J. Super. 243, 250 (App. Div. 1995).

It is for this reason that in adjudicating a domestic violence complaint, the Family Part must perform a two-fold task. "First, the judge must determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred." Silver, supra, 387 N.J. Super. at 125. Second, a court must determine "whether a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect a victim from immediate danger or to prevent further abuse."Id. at 127. Here, no specific findings were made whether the domestic order was necessary to protect G.N.S. from further acts of domestic violence. Cesare v. Cesare, 154 N.J. 394, 402 (1998).

The record is devoid of evidence demonstrating that G.N.S. was in need of protection from defendant and devoid of evidence of a pattern of abusive or controlling behavior by R.A.M. In the absence of that evidence, the entry of the order must be reversed

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

How to Ask the Court to Change/Enforce an Order in Your Case, or Request Another Related Action in Your NJ Case

How to Ask the Court to Change/Enforce an Order in Your Case, or Request

Another Related Action in Your Case if you cannot afford an attorney

source (Family Multipurpose Post-Judgment Motions)

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 1 of 24

Revised September 3, 2013

Family – Multi-Purpose Post judgment

Motion Packet

Who should use this packet?

Use this packet if you have an order from the court that you want to have changed or enforced in your

divorce or you need to file a motion related to another Family Court Matter under R. 5:5-4. If your case

begins with a “FD” docket number do not use this packet. You must follow the “FD” (Non dissolution)

Application Process available at njcourts.com.

Some types of motions you can use this packet for are:

· A Motion to Increase or Decrease Child Support payments (FM cases only)

· A Motion to Increase or Decrease Alimony or Spousal Support payments. (FM Cases only)

· A Motion to Change the Custody arrangements of a minor child (FM cases only)

· A Motion to Change the Visitation/Parenting Time arrangements in your case (FM cases

only)

· A Motion to Enforce Litigants’ Rights. (This includes enforcing custody, visitation, child

support and alimony or spousal support payment orders) (FM cases only)

· A Motion for Emancipation of a Child (Termination of child support obligation) (FM cases

only)

· A Motion for Reimbursement of Medical Expenses (FM cases only)

· A Motion for a Change of Venue (FM cases only)

· A Motion for Reconsideration of a Family Court Order (FM cases only)

· A Motion for Relocation of children (FM cases only)

· A Cross-Motion responding to one of the Motions listed above.

· Miscellaneous Family Court Motions governed by Court Rule 5:5-4

Please read pages 2 and 3 for descriptions of the motions listed above.

DO NOT complete this packet if your court order requires payment of child support, alimony or spousal

support directly to you and your only request is that these payments be made through the Probation

Division. In this case, you should contact your county Family Division directly.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 2 of 24

What do you need to complete this packet?

Read all instructions on pages 8-15 before starting to complete the forms. Read the definition of terms

on page 7 to help you understand the words used in this packet. Gather copies of any signed orders,

written agreements, Judgments of Divorce, Case Information Statements, and papers that relate to your

case, before starting to fill out the packet. This information is needed to complete the attached forms.

Note: Complaints, motions and other papers submitted to the court must be in English

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 3 of 24

Descriptions of Motions That You Can File With This Packet

Motion to Increase or Decrease Child Support payments (FM only):

If you are receiving child support payments, you can file this motion to ask the court to increase the

amount of child support you are receiving. If you are paying child support, you can use this packet to

file a motion to ask the court to decrease the amount of child support you have to pay.

Motion to Increase or Decrease Alimony payments (FM only):

If you are receiving alimony, you can file this motion to ask the court to increase the amount of alimony

payments you are receiving. If you are paying alimony, you can use this packet to file a motion to ask

the court to decrease the amount of alimony you have to pay.

Motion to Change the Custody Arrangements of a minor child (FM only):

If a judge in your case has issued a custody order which outlines the custody arrangements between you

and the other party, and you wish to change that arrangement, you can use this packet to ask the court to

change its custody order.

Motion to Change Visitation/Parenting Time arrangements (FM only):

If a visitation and/or parenting time arrangement has been previously established in your case and you

wish to change this arrangement, you can use this packet to ask the court to make a minor or major

change to that arrangement.

Motion to Enforce Litigants’ Rights (FM only):

If you have obtained a court order in your case directing the other party to do something or not do

something and the other party is not following the court’s order, you can use this motion to ask the court

to ensure that the other party does so.

Motion for Emancipation of a Child (FM only):

If you have been paying child support for your child and you think that your child is no longer entitled to

receive child support, you can use this packet to request the court to end your support obligation. This

motion is usually filed when the child turns 18 or is no longer a full time student, whichever is the last to

occur.

Motion for Reimbursement of Medical Expenses (FM only):

If you have paid certain medical expenses for your child and you wish to seek reimbursement from the

other party for these expenses, you can use this packet to ask the court to order the other party to

reimburse you for these medical expenses.

Motion for a Change of Venue (FM only):

If you want to request the court to change the county in which all future filings pertaining to your

divorce will be heard, you must request a change of venue.

A Motion for Reconsideration of a Family Court Order (FM only):

A motion for reconsideration is used to request the court to reconsider a decision it has rendered within

20 days of a signed court order issued to you. A motion for reconsideration is filed in court and reviewed

by the same judge that made the decision you are requesting to be changed. You may also file an appeal

in the Appellate Court within 45 days after the court has issued an order. That is a different process.

Read the instructions about an appeal contained in this packet on page 6. Use the Appellate Division

packet to appeal a decision in the Superior Court. This packet can be found at:

http://www.judiciary.state.nj.us/appdiv/forms/10837_appl_prose_kit.pdf

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 4 of 24

A Motion for Relocation of children (FM cases only):

When a custodial parent wants to move out of New Jersey, that parent must have either the written

consent of the other parent or a court order permitting the relocation. If the non-custodial parent does

not consent to the child's relocation, then the custodial parent seeking the relocation must file an

application with the court seeking relocation as a relief.

Cross-Motion responding to one of the Motions listed above (All Cases):

A cross-motion is a motion filed by the party responding to the original motion. A motion may be filed

in addition to the opposition to the original motion. The cross-motion asks the court to order something

be done for the party responding to the original motion.

Miscellaneous Motions Governed by Court Rule 5:5-4 (Other Family Motions)

This packet may be used for motions not listed above but require court consideration and a Family Court

Judge’s decision.

What deadlines do you need to meet?

You must tell the other party in writing when you are requesting the motion be heard by the court. That

notice must include the time and date of the scheduled motion hearing. Refer to the motion date on your

Notice of Motion (Form A) to understand your deadlines.

You must get the papers to the other person in the case or to his/her lawyer at least 24 calendar days

before the motion is scheduled to be heard by the court. NOTE: If you are sending your motion by

mail, you must mail it at least 27 calendar days before the motion is scheduled to be heard by the court.

This allows 3 calendar days for mailing and delivery.

These materials have been prepared by the New Jersey Administrative Office of the Courts for use by

self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary

to reflect the current New Jersey statutes and court rules. The most recent version of the forms will be

available at your county courthouse or on the Judiciary’s Internet site njcourts.com. However, you

ultimately are responsible for the content of your court papers.

Send completed forms to the Family Court that issued the order you are trying to

change or that last heard your case. You will find all Family Court addresses on

njcourts.com.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 5 of 24

Things to Think About Before You Try to Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a

good idea to get a lawyer if you can. If you

cannot afford a lawyer, you may contact the

legal services program in your county to see if

you qualify for free legal services. Their

telephone number can be found in your local

yellow pages under “Legal Aid” or “Legal

Services.”

If you do not qualify for free legal services and

need help in locating an attorney, you can

contact the bar association in your county. The

telephone number can also be found in your

local yellow pages. Most county bar

associations have a Lawyer Referral Service.

The county bar association Lawyer Referral

Service can supply you with the names of

attorneys in your area willing to handle your

particular type of case and sometimes consult

with you for a reduced fee.

There are a variety of organizations of minority

lawyers throughout New Jersey, as well as

organizations of lawyers who handle specialized

types of cases. Ask the Family court staff in

your county for a list of lawyer referral services

that include these organizations.

What You Should Expect If You

Represent Yourself

While you have the right to represent yourself in

court, you should not expect special treatment,

help, or attention from the court. The following

is a list of things court staff can and cannot do

for you.

· We can explain and answer questions

about how the court works.

· We can tell you what the requirements

are to have your case considered by the

court.

· We can give you some information from

your case file.

· We can provide you with samples of

court forms that are available.

· We can provide you with guidance on

how to fill out forms.

· We can usually answer questions about

court deadlines.

· We cannot give you legal advice. Only

your lawyer can give you legal advice.

· We cannot give you an opinion about

what will happen if you bring your case

to court.

· We cannot recommend a lawyer, but we

can provide you with the telephone

number of a local lawyer referral

service.

· We cannot talk to the judge for you

about what will happen in your case.

· We cannot let you talk to the judge

outside of court.

· We cannot change an order issued by a

judge.

Keep Copies of All Papers

Make and keep for yourself copies of any signed

orders, written agreements, Judgments of

Divorce, Case Information Statements, and

other important papers that relate to your case.

Delivering Papers to the Correct People

The instructions in this packet will tell you to

mail or deliver copies of all letters, motions,

certifications, orders or other papers to the

lawyer representing the other person in the case.

However, if the other person in the case does

not have a lawyer and is representing himself or

herself, then you must send those copies to that

person.

If you mail your papers, we strongly

recommend that you send them both

simultaneously by both certified and regular

mail, with return receipt requested, to the other

party. This will provide you with a post office

receipt and green card that can serve as proof of

service. Your post office can tell you how to

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 6 of 24

send things by certified mail, return receipt

requested.

These Papers Are for Filing a Motion

The word motion used in this packet means a

written request in which you ask the court to

change or enforce an order it has already made.

The court will change an order only if important

facts or circumstances have changed from the

time the order was issued. This is different from

an appeal. This packet can also be used to

request other case related actions by the court.

These requests must be specific to your

individual case governed by Court Rule 5:5-4.

If You Want to File an Appeal, Not a

Motion

An appeal is a written request asking a higher

court to look at the decision of the judge and

change that judge's decision. You must make

that written request for an appeal within 45 days

after the judge decided the case and signed a

judgment in the Superior Court.

If you want to file an appeal of a court order, do

not use this packet of materials. Instead you

should contact the Appellate Division in writing

or by phone at:

Appellate Division, Superior Court,

Hughes Justice Complex

P.O. Box 006,

Trenton, NJ 08625-0006

Their telephone number is (609) 292-4822. The

Appellate Division staff will provide you with

information on how to file an appeal.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 7 of 24

Definitions of Some Words Used in This Packet

Affidavit: An affidavit is a notarized written statement made to the court when you file papers with the

court swearing that the information contained in the filed papers is true.

Appeal: An appeal is a written request asking a higher court to look at the decision of the judge and

change that judge’s decision.

Arrears: The word arrears means unpaid or overdue child support, alimony or spousal support

payments.

Caption: The caption is how the parties’ names were written in the original papers filed for your

divorce. If you were the plaintiff or defendant you are still the plaintiff or defendant for all subsequent

filings

Certification: A certification is a written statement made to the court when you file papers with the

court, swearing that the information contained in the filed papers is true.

Defendant: The defendant is the person against whom the court action was originally filed.

Exhibits: Exhibits are papers and information you provide to support what is in your motion.

File: To file means to give the appropriate forms to the court to begin the court’s consideration of your

request.

Motion: A motion is a written request in which you ask the court to issue an order, change an order it

has already issued, enforce an order it has already issued, or ask the court to take some other action

related to your case.

Order: An order is a signed paper from the judge telling someone they must do something.

Party: A party is a person, business or governmental agency involved in a court action.

Plaintiff: The plaintiff is the person who filed the original court action.

Pro Se: The term Pro Se means that you are representing yourself in court without a lawyer.

Relief: To ask for relief is to ask the court for something.

Substantial Change: A substantial change, as used in this packet, means a significant change in your

situation or circumstances affecting your case.

Warrant: A warrant is a notification to law enforcement that a person should be arrested when found.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 8 of 24

What You Need to Submit to the Court for Review and Decision

The numbered steps below tell you what forms you

will need to fill out, and what to do with them.

Each form should be typed or clearly printed on 8

1/2" x 11" white paper only. Forms should not be

filed on different size or color paper. Use only the

forms included in this packet. Be sure to keep a

copy for your records.

If you are filing a Motion to Increase / Decrease

child support payments, you need to know that Child

Support Guidelines are used in New Jersey to

determine child support awards (N.J. Court Rule

5:6A). A copy of the New Jersey Court Rules is

available in all county law libraries.

Step 1: Fill out the Notice of Motion

(Form A)

The Notice of Motion form tells the court and the

other party the things you want the court to do. It

also tells the other person in the case and the court

the date the motion will be heard.

Step 2: Get a court date for your motion.

You must locate a date you want your motion to be

heard by the court. Go to njcourts.com. Look for

“Calendar & Schedules”; look for miscellaneous;

civil motion calendar; motion day schedule. Pick a

Friday date that allows sufficient time to meet the

required service and answer timeframes. Fill in that

date on your Notice of Motion form.

NOTE: The date you are initially assigned may

change depending on the judge's schedule. If that

happens, the court will contact you and all parties

listed in your papers.

Step 3 : Fill out the Confidential Litigant

Information Sheet (Form 10486)

The purpose of this form is to ensure accuracy of

court records. You must complete this form any

time you file a pleading (not just the first pleading)

involving alimony, maintenance, child support,

custody, parenting time visitation or paternity.

Please complete the entire form, leaving no blank

spaces. If something does not apply to you, enter

“N/A”.

Step 4: Fill out the Certification (Form B)

On the Certification form, type or print the specific

reasons you think the court should agree to the

things you are asking for in your Notice of Motion.

The reasons you give to the court must be based on

the facts that you know are true. Type or print the

details about the events that led up to your filing this

motion.

You must include with the completed Certification

form a copy of all previous orders. You should also

attach copies of any other papers that will prove that

the things you say in your Certification are true, such

as pay stubs or federal or state tax returns. These

other papers are also called exhibits.

Step 5: Fill out the Proposed Order

(Form C)

You should include in the Proposed Order all the

things that you are asking the court for in your

Notice of Motion. If the judge grants your motion

after the hearing, the Proposed Order is the form the

judge will sign. If the judge does not agree with

everything you asked for, he or she may change your

Proposed Order. The original and two copies of the

Proposed Order must be attached to your Notice of

Motion when you deliver it to the court, along with a

stamped self-addressed envelope.

Step 6: Fill out the Certification of Filing

and Service (Form D)

This step tells the court:

· That you delivered or mailed by regular and

certified mail, return receipt requested all

the papers in your motion to the other party

within the time required by the court rules

for your motion; or

· That you delivered or mailed by regular and

certified mail, return receipt requested, all

the papers in your motion to the other party's

current lawyer, (if you know who the lawyer

is), within the time required by the court

rules for your motion; and

· How you got the papers to the other party or

to his or her current lawyer (if you know

who the lawyer is). You must tell the court

whether the papers were delivered in person

or sent by regular and certified mail, return

receipt requested.

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Step 7: Fill out the Notice to Litigants

(Form E)

The Notice to Litigants form lets the other party

know how to respond to your Notice of Motion.

Your motion could be dismissed if your motion

papers do not include the Notice to Litigants.

Step 8: (Only complete this step if your

child support order is being

administered through the Probation

Division and you want to change that

order.) Fill out the Statement for the

Probation Division (Form F)

You must fill out this form if you are filing a Motion

to Increase or Decrease Child Support payments that

are paid to or received through the Probation

Division. The form helps Probation know what the

court has ordered so that it can keep track of child

support payments in the case. If you are not paying

or receiving child support through the Probation

Division, but are filing a Motion to Increase or

Decrease Child Support payments, do not complete

this form, instead go directly to Step 9.

Step 9: Fill out the Case Information

Statement (CIS)

If you are filing an FM/matrimonial motion and

asking for any type of monetary relief such as an

increase or decrease in support, you must complete

and file a copy of the last CIS submitted to the

court and complete a new and current CIS. This

means you will be attaching two CIS forms to your

current motion. The two CISs tell the court your

past financial status as well as your current status,

and both must be attached to your Notice of Motion.

The Case Information Statement form can be

obtained at njcourts.com. Download a copy of the

Case Information Statement from the Judiciary

website and submit it with this packet if you are

requesting any change in the financial status of your

case. Don’t forget to attach proof of your income

(i.e., pay stubs, tax returns, etc.)

You need to make an extra blank copy of the CIS

before filling it out, so you can include it in the

packet of papers you mail or deliver to the other

party. The other party must also complete a CIS and

mail or deliver one completed copy back to you and

one completed copy to the court.

If you have completed a CIS before in this case,

attach a copy of it to the CIS you just completed,

and include it with your papers you are filing with

the court.

Step 10: Fill out the Letter to the Clerk

(Form G)

Complete the form letter addressed to the Clerk of

the Superior Court, Attn: Family Division Manager

(or the name of the county). You must include with

this letter a $30 check or money order (FM cases

only) payable to the Treasurer, State of New Jersey,

and a stamped return envelope addressed to yourself.

Do not send cash. All other case types (FD, FV,

etc.) do not require a filing fee. You must include a

stamped, return envelope addressed to yourself.

This letter must be the first page of the packet of

papers that you file with the court.

Step 11: Check your completed forms.

Check your forms and make sure they are complete.

Remove all instruction sheets before submitting

to the court. Make sure you have signed the forms

wherever necessary.

Step 12: Mail or deliver your package of

completed papers to the court and the

other party in the case.

Keep one copy of the entire packet for your own

records. Follow the guidelines below on how to mail

or deliver your completed forms. You must prove to

the court that the other non-filing party has been

served with your papers.

Checklist

Make sure you have all of the following items and

that they are in this order:

• Letter to the Clerk of the Superior Court.

• $30 check or money order (FM cases only).

Make the check or money order payable to,

Treasurer, State of New Jersey.

Do not send cash. If you pay in person, keep the

receipt for your records.

• Stamped return envelope addressed to yourself

for the court order that will be mailed to you (if

you did not select oral argument)

• Notice of Motion.

• Certification.

• Any papers to support your motion (called

exhibits), including all prior orders.

• Proposed Order.

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• Certification of Filing and Service.

• Notice to Litigants.

• Statement to the Probation Division, if required

(See Step 8).

• Previous Case Information Statement (CIS) and

a current CIS, if applicable.

Final Steps

• Make 3 copies of the entire packet of the

completed forms, and 2 extra copies of the

proposed order.

• Mail or deliver the following items to the court:

• The original and one copy of all the forms;

and

• Two extra copies of the proposed order.

• Mail or deliver one copy of the entire packet of

completed forms to the other party or his/her

current lawyer, if known.

REMINDER: Keep one copy of the entire packet

for your own records.

You can deliver the forms to court in person or you

can mail them. If you are mailing the papers, use

regular and certified mail with return receipt

requested. This will provide you with a post office

receipt and green card. Return of a signed green card

is proof of service to the other party. Your post

office can tell you how to send certified mail with

return receipt requested.

Attention: If any person named in the Notice of

Motion is receiving public assistance and this

motion involves child support, you must also send a

copy of the packet to the Social Services agency in

the county that is providing assistance to that person

and/or child(ren). If this applies to you, then you

must make an extra copy of the entire packet of

completed forms, and an extra copy of the Proposed

Order.

· Mail or deliver one copy of the entire packet to

the Social Services agency providing public

assistance.

· Mail or deliver one copy of the Probation

Statement to the county Probation Division if

you are filing a Motion to Increase or Decrease

Child Support and/or Alimony or Spousal

Support payments and those payments are

monitored through the county Probation

Division.

Deadlines

· You must get the motion papers to the other

person in the case or to his or her lawyer at least

24 calendar days before the motion is

scheduled to be heard by the court.

· If you are sending your motion by mail, you

must mail it no later than 27 calendar days

before the motion is scheduled to be heard by

the court. This allows three days for mailing and

delivery.

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Instructions for Notice of Motion (Form A)

A. On the first five lines, type or print your name, current address, phone numbers and email address. Enter your

name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the

original complaint filed with the court. If you were the defendant in the original complaint, you are still the

defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this

motion.

B. Enter the name of the county where you are filing this motion. This should be the county where the original

case was heard. Enter the case docket number as it appears on your original court order.

C. Provide the name and address of the other party’s lawyer, if they have one. If they don’t have one, write the

name and address of the other party.

D. If you pay or receive child support through the Probation Division, fill in the name and address of the county

Probation Division. Do not complete this if you do not pay or receive child support payments through the

Probation Division.

E. Check off the motion or motions you want the court to consider in the case.

F. In each paragraph (1-4) write a short and clear statement explaining what you are asking the court to do. Use

as many paragraphs as you need. Some examples of what you might put in this section are:

· The child support payments should be increased or decreased from $ a week to $ a week;

· The custody status of my child should be changed because it is in the best interest of my child;

· The parenting visitation time should be increased from hours per week to hours per week;

· The alimony or spousal support payments should be increased or decreased from $ a week to

$ a week;

· An order was previously entered by the court and is not being complied with by [name of other party] and

the court should issue an order to Enforce Litigants’ Rights to have the other party comply with the

court’s order. [List the type of order that has been violated.]

· [Name of the other party] should repay to me $ as reimbursement for medical expenses.

G. If you pay or receive child support payments through the Probation Division or if you otherwise have a child

support account number, fill in the name of the Probation Division as well as your child support (CS) number

in paragraph 5. The child support account number begins with the letters CS. If you do not pay or receive

child support through the Probation Division, you may not have a child support number. If this is the case,

leave this section blank.

H. In paragraph 7 tell the court whether you want an oral argument to be scheduled. An oral argument is when

you and the other party go in front of the judge at the same time and both you and the other party tell the

judge about your case. Fill in your name and check whether you are the plaintiff or the defendant. Check

whether you want or do not want oral argument. If oral argument is not requested, the motion will be decided

by the judge based on the papers you and the other party submit.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 12 of 24

Instructions for Certification (Form B)

A. On the first five lines, type or print your name, current address, phone numbers and email address. Enter your

name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the

original complaint filed with the court. If you were the defendant in the original complaint, you are still the

defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this

motion.

B. Enter the name of the county where you are filing this motion. This should be the county where the original

case was heard. Enter the case docket number as it appears on your original court order.

C. Check off the motion or motions you want the court to consider in the case.

D. In paragraph 2, state the specific facts explaining why you are filing this motion. You need to explain in

detail the following reasons for your request:

· For a Motion to Increase or Decrease Child Support, Alimony payments: Why the court should

modify your existing child support or alimony order.

· For a Motion to Change the Custody arrangements of a minor child: Why the court should change

your existing custody order.

· For a Motion to Change the Visitation/Parenting Time arrangements: Why the court should change

your existing parenting time or visitation order.

· For a Motion to Enforce Litigants’ Rights: Explain that an order was previously issued by the court in

this case and describe how and when the other party has not complied with the court’s order.

· For a Motion for Emancipation of a Child: Why the court should find that your child is an adult and

end your child support payments.

· For a Motion for Reimbursement of Medical Expenses: Why the court should order the other party to

reimburse you for certain medical expenses. Describe the expenses in detail and document payments by

health insurance.

· For a Motion to Change Venue: Why your case should be transferred to another county and identify the

county.

· For a Motion for Reconsideration: What you want the judge to reconsider and why the judge should

reconsider their decision.

· For a Motion for Relocation of Children: Why the court should grant your request to relocate the

child(ren).

· Miscellaneous Motions Governed by Court Rule 5:4-4. Why the court should take some other action in

your case not related to the above examples. Be as specific as possible in your request to the court.

For a Cross-Motion responding to one of the motions listed previously:

Why the court should order something to be done for the party responding to the original motion. Include all

important information and any relevant dates.Write only one fact for each lettered paragraph. You may add as

many lettered paragraphs as you need to state all the facts that support your requests. Attach additional 8 1/2" x

11" sheets of white paper, if necessary. Be sure to state specific facts that explain in detail why the court should

grant your motion. If the existing order has not been followed, state specific examples of how the existing order

has not been followed. Remember to attach the original order and any other previous court orders or other

documents (exhibits) that support your requests and the statements in your Certification. These documents should

be mentioned in your Certification. Make sure to mark them “1...2....3, etc.” in the upper right hand corner, and

attach them to the Certification.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 13 of 24

Instructions for Preparing a Proposed Order (Form C)

A. On the first five lines, type or print your name, current address, phone numbers and email address. Enter your

name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the

original complaint filed with the court. If you were the defendant in the original complaint, you are still the

defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this

motion.

B. Enter the name of the county where you are filing this motion. This should be the county where the original

case was heard. Enter the case docket number as it appears on your original court order.

C. Fill in the date your motion will be heard. This is the same date that is on your Notice of Motion form (Form

A). (See Step 2 of the guide on page 8). Complete the rest of the information in the paragraph.

D. Check off the type of motion or motions you want the court to consider in the case.

E. In paragraph 1, state what you want the judge to order the other person to do. Write one relief for each letter

paragraph. Include all of the things you asked for in your Notice of Motion. Some examples are:

· The child support payments in this case are increased or decreased from $ a week to $ a

week;

· The custody status of the minor child is changed because it is in the best interest of the child;

· The parenting time/ visitation time is increased from hours per week to hours per week;

· The alimony payments are to be increased or decreased from $ a week to $ a week;

· The child should be emancipated and all support obligations are hereby terminated effective

(date).

NOTE: For a Motion to Enforce Litigants’ Rights, leave the relief section blank for the judge to complete.

F. Complete paragraph 2 only if you are filing a motion to increase or decrease child support: If your child

support payments are administered through the Probation Division or if you otherwise have a child support

account number, type or print that number in paragraph 2. The child support account number begins with the

letters “CS.” If your child support payments are not administered by the Probation Division, you may not

have a child support account number. If this is the case, leave this section blank.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 14 of 24

Instructions for Certification of Filing and Service (Form D)

Include the Certification of Filing and Service (Form D) when you file your motion with the court. You must

send copies of your motion to the other party or the other party’s lawyer in order to have your motion heard by a

judge. (See Step 5 on page 8 of this packet.)

Instructions for Notice to Litigants (Form E)

IMPORTANT: You must include the Notice to Litigants form in your motion packet. (Rule 5:5-4 (d) - Motions in

Family Actions). This form gives the other party or the other party’s lawyer important instructions. Read the

form carefully. Type or print in the spaces provided, the name, address, city/town, state, and zip code of the

county courthouse of the county in which you are filing your motion. This is the same information that is on the

first page of the Notice of Motion (Form A).

Instructions for Statement for the Probation Division (Form F)

NOTE: Only complete this form if your child support or alimony payments are administered through the

Probation Division. If your child support or alimony payments are not administered through the

Probation Division, do not complete this form.

A. Type or print the plaintiff and defendant’s names from your Notice of Motion (Form A). Provide the plaintiff

and defendant’s current employer and address.

B. Enter your child support account number. This account number begins with the letters “CS” and should be on

your original order.

· Enter the name of each child for which child support has been ordered and his or her address. Attach

additional sheets of 8 1/2" x 11" white paper, if necessary.

C. Enter the mother’s name, father’s name, and the name of each child. For each person listed, write his or her

date of birth where it says DOB, and his or her social security number. Attach additional sheets of 8 1/2" x

11" white paper, if necessary.

D. Provide additional information about licenses that any party may have, or any insurance information, if

known.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case) page 15 of 24

Instructions for Letter to the Clerk (Form G)

A. On the first six lines, type or print your name, current address, phone numbers, email address and date.

B. Enter the name of the county, the street address, the city, state and zip code.

C. Enter the name of the Plaintiff and Defendant and docket number of your case as it appeared on the original

complaint.

D. Provide the name of the person who received your motion papers. If it was the other party, write the party’s

name. If it was the other party’s lawyer, write his/her name. Sign your complete name on the signature line.

E. Enter the name of the other party’s lawyer if he/she received a copy of your motion papers, or write the name

of the other party if the party received your motion papers. Write the name of the county Probation Division

if you receive or make child support payments through Probation.

F. Put this letter on top of your motion papers and then mail them to the clerk of the superior

court at your county courthouse.

Form A - Notice of Motion

Revised: 09/03/2013, CN: 10483 (Form A – Notice of Motion) page 16 of 24

Your Name

Street Address apt./fl.

City/Town State Zip Code

Daytime Number Cellular Number

Email Address

Fax Number

Your Name (check one) Plaintiff Defendant

SUPERIOR COURT OF NEW JERSEY

Plaintiff, (Name as it appears in original caption) CHANCERY DIVISION-FAMILY PART

COUNTY NAME

v. DOCKET NO.

Civil Action

Defendant (Name as it appears in original caption) Notice of Motion

(See Below)

TO: (Other party’s lawyer, if any) (Other party)

(County Probation Division)

PLEASE TAKE NOTICE that on Friday, at 9:00 a.m.,

or as soon after that as the matter may be heard,

t h e p laintiff defendant will apply

(your name) (check one)

to whichever judge is hearing matters in the Superior Court, Chancery Division - Family

Part, County, at the County Courthouse,

, New Jersey for an order to:

(city where the courthouse is located)

Increase / Decrease Child Support payments Enforce Litigants’ Rights

Increase / Decrease Alimony payments Emancipate a Child

Change Custody arrangements (terminate child support)

Change Visitation arrangements Reimburse Medical Expenses

Motion for Reconsideration Change of Venue

Other(Specify):

Form A - Notice of Motion

Revised: 09/03/2013, CN: 10483 (Form A – Notice of Motion) page 17 of 24

(Type or print what you are asking the court to do. Attach additional sheets of 8 1/2” x 11" white paper, if necessary.)

1.

2.

3.

4.

5. Require the Probation Division to adjust its records in

(County)

accordance with this order for Child Support account CS

and reissue any orders of income withholding if necessary;

6. Or such other relief as the Court may deem equitable and just.

7. I do do not want oral argument.

(check one)

Sign: Date:

(Sign your name) (Date you sign the form)

(Check one) Plaintiff Defendant

If you requested an oral argument do you wish to request:

An interpreter Yes No Language:

A disability accommodation: Yes No Accommodation:

Form B – Certification in Support of a Motion

Revised: 09/03/2013, CN: 10483 (Form B - Certification in Support of a Motion) page 18 of 24

Your Name

Street Address apt./fl.

City/Town State Zip Code

Daytime Telephone Cellular Telephone

Email Address

Fax Number

Your Name (check one) Plaintiff Defendant

SUPERIOR COURT OF NEW JERSEY

Plaintiff, (Name as it appears in original caption) CHANCERY DIVISION-FAMILY PART

COUNTY NAME

v. DOCKET NO.

Civil Action

Defendant (Name as it appears in original caption) Certification in Support of a Motion

I, , o f f u ll a g e , hereby certify:

(your name)

1. I am the plaintiff defendant in this matter and I am filing this Certification in

(check one)

support of my Notice of Motion to:

Increase / Decrease Child Support payments Enforce Litigants’ Rights

Increase / Decrease Alimony payments Emancipate a Child

Change Custody arrangements (terminate child support)

Change Visitation arrangements Reimburse Medical Expenses

Motion for Reconsideration Change of Venue

Other(Specify):

2. Explanation of facts:

a.

b.

(Attach additional sheets of 8 2" x 11" white paper, if necessary.)

I certify that the statements made above are true. I am aware that if any of the

statements made by me are willfully false, I am subject to punishment by the Court.

Sign: Date:

(Sign your name) (Date you sign the form)

(check one) Plaintiff Defendant

Remember to attach all copies of exhibits, orders, case information statements, etc., to this form.

Form C – Proposed Order

Revised: 09/03/2013, CN 10483 (Form C – Proposed Order) page 19 of 24

Your Name

Street Address apt./fl.

City/Town State Zip Code

Daytime Number Cellular Number

Email Address

Fax Number

Your Name (check one) Plaintiff Defendant

SUPERIOR COURT OF NEW JERSEY

Plaintiff, (Name as it appears in original caption) CHANCERY DIVISION-FAMILY PART

COUNTY NAME

v. DOCKET NO.

Civil Action

Defendant (Name as it appears in original caption) Order

(See Below)

THIS MATTER being opened to the court on Friday, o n a N o t i c e o f M o t i o n t o :

Increase / Decrease Child Support payments Enforce Litigants’ Rights

Increase / Decrease Alimony payments Emancipate a Child

Change Custody arrangements (terminate child support)

Change Visitation arrangements Reimburse Medical Expenses

Motion for Reconsideration Change of Venue

Other(Specify):

filed by plaintiff defendant and

(check one) (leave blank, Judge will enter name of other party or their lawyer)

appearing on behalf of the plaintiff defendant; and the court having read and

(check one)

considered the certifications and other papers filed herein and having heard the

arguments and considered the arguments of the parties and for good cause shown; It is

now this ORDERED THAT:

(date)

1. The plaintiff defendant is hereby granted denied the following

(check one) (check one)

relief(s): (See step 4)

a.

b.

c.

d.

(Attach additional sheets of 8 1/2” x 11" white paper, if necessary.)

Form C – Proposed Order

Revised: 09/03/2013, CN 10483 (Form C – Proposed Order) page 20 of 24

Additional Relief. (Leave these lines blank for the Judge).

2. The P robation Division responsible for this matter shall make any

(County)

adjustments to the account(See Instruction for Form D) CS

(Child Support number)

required by this order and reissue, if necessary, any income withholding orders.

, J.S.C.

Form D - Certification of Filing and Service

Revised: 09/03/2013, CN: 10483 (Form D - Certification of Filing and Service) page 21 of 24

I hereby certify that the original of the attached Notice of Motion, the original of the

attached supporting Certification, and the original and two copies of the Proposed Order

are being filed with the Clerk of the Superior Court at the Family Division

Manager’s Office. (county)

In addition, I certify that I served a copy of this motion (check one)

personally on the person(s) or attorney(s) listed below.

by mailing it on this date to the person(s) or attorney(s) listed below by regular

and certified mail.

I certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing statements made by me are willfully false, I am subject to punishment.

(Name) (Name)

(Certified Mail Number) (Certified Mail Number)

(Address) (Address)

(City, State & Zip Code) (City, State & Zip Code)

(Name) (Name)

(Certified Mail Number) (Certified Mail Number)

(Address) (Address)

(City, State & Zip Code) (City, State & Zip Code)

Signature: Date:

(Sign your name) (Date you sign the form)

Name:

(Type or print your name)

(Check one) Plaintiff Defendant

Form E - Notice to Litigants

Revised: 09/03/2013, CN 10483 (Form E – Notice to Litigants) page 22 of 24

If You Want to Respond to This Motion You Must Do So in Writing

This written response shall be by affidavit or certification. (Affidavits and certifications

are documents filed with the court. In either document the person signing it swears to its

truth and acknowledges that they are aware that they can be punished for not filing a

true statement with the court. Affidavits are notarized and certifications are not.) If you

would also like to submit your own separate requests in a motion to the judge you can

do so by filing a cross-motion. Your response and/or cross-motion may ask for oral

argument. That means you can ask to appear before the court to explain your position.

However, you must submit a written response even if you request oral argument. Any

papers you send to the court must be sent to the opposing side, either to the attorney if

the opposing party is represented by one, or to the other party if they represent

themselves. Two copies of all motions, cross-motions, certifications, and briefs shall be

sent to the opposing side.

The response and/or cross-motion must be submitted to the court by a certain date. All

motions must be filed on the Tuesday 24 days before the return date. A response

and/or cross motion must be filed fifteen days (Thursday) before the return date.

Answers or responses to any opposing affidavits and cross-motions shall be served and

filed not later than eight days (Thursday) before the return date. No other response is

permitted without permission of the court. If you mail in your papers you must add three

days to the above time periods.

Response to motion papers sent to the court are to be sent to the following address: [Fill

in the address of the Family Division in the county where this motion was filed. A

directory of Family Division offices can be found at njcourts.com]

Call the Family Division Manager's office (fill in phone number: ) if

you have any questions on how to file a motion, cross-motion or any response papers.

Please note that the Family Division Manager's office cannot give you legal advice.

Form F – Statement for the ____________ County Probation

Division

Revised: 09/03/2013, CN: 10483 (Form F – Statement for the County Probation Division) page 23 of 24

The following information is submitted in compliance with Rule 5:7-4.

Plaintiff’s name as it appears in the original caption, address and phone number.

Plaintiff’s employer’s name, address and phone number:

Defendant’s name as it appears in the original caption, address and phone number:

Defendant’s employer’s name, address and telephone number:

Child Support Account Number: CS

Children’s names and address(es):

Child:

Child:

Child:

Child:

(Attach additional sheets of 8 2" x 11" white paper, if necessary.)

Type or print the name, date of birth, and Social Security Number of: (See instruction C)

Mother: DOB: Social Security #:

Father: DOB: Social Security #:

Child: DOB: Social Security #:

Child: DOB: Social Security #:

Child: DOB: Social Security #:

Child: DOB: Social Security #:

Child: DOB: Social Security #:

(Attach additional sheets of 8 2"x 11" white paper, if necessary.)

Type or print the driver’s license information (state and number) of the parent paying child

support:

Type or print any professional license held by the parent paying child support, if known.

For example: doctor, lawyer, electrician, plumber, hairdresser:

Type or print health insurance provider’s name, address and policy number of the

parent paying child support:

Form G – Letter to the Clerk of the Superior Court

Revised: 09/03/2013, CN: 10483 (Form G – Letter to the Clerk of the Superior Court) page 24 of 24

Your Name Date:

Street Address apt./fl.

City/Town State Zip Code

Daytime Number Cellular Number

Email Address

Fax Number

Your Name (check one) Plaintiff Defendant

Superior Court Clerk, Family Part.

(county)

(street address)

(city, state, zip code)

RE:

(Name of case, Plaintiff v. Defendant)

Docket Number: -

(Type or print docket number)

Dear Sir or Madam:

Enclosed is an original and one copy of a Notice of Motion and Certification as well as

an original and two copies of the Proposed Order submitted by me in the above matter.

Copies of these documents have been forwarded to .

(name of other party or other party’s lawyer)

Please mark the copy of the Notice of Motion and Certification “filed” and return them in

the enclosed envelope. If you are filing an FM/matrimonial motion, you must include a

$30 check or money order payable to Treasurer, State of New Jersey for filing this

motion. All other case types do not require a filing fee. Thank you for your cooperation

in this matter.

Very truly yours,

(Sign your name)

Enclosures

Copies to:

(Name of other party’s lawyer, if applicable)

(Name of other party)

(Name of County Probation Division collecting support, if applicable)