NEWS Notes green


Appellate Division Overturns Termination Of Grandparent Visitation

November 1, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a dispute between a child's grandparents and divorced parents for parenting time with the now nine-year-old child. The child's parents were divorced in 2011. The father was on active military duty and the mother worked on weekends, leading to the child's grandparents caring for the child on weekends from Thursday nights until Sundays for several years and on various holidays. After a breakdown in the grandparents' relationship with the child's mother resulted in the mother cutting off their time with the child, the grandparents filed a complaint seeking custody of their grandson, or in the alternative, seeking parenting time. As a result(...)

Appellate Division Upholds Final Restraining Order For Harassment

October 18, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman filed an application for a Temporary Restraining Order (TRO) for harassment and a Complaint for Divorce against her husband in March 2015. Shortly thereafter, the woman agreed to dismiss the TRO, and the parties entered into civil restraints before proceeding with the divorce action. Several months later, in October of 2015, the woman filed another TRO against her husband for harassment, claiming that he appeared at a restaurant where she was dining and berated and harassed her in the presence of the parties' child and other patrons. Among other things, the woman claimed her husband disparaged her ethnicity and threatened to expose her alleged affair with(...)

Raj Gadhok To Serve As Moderator For Essex County Bar Program Partnered With The New York Jets – “Tackling The Legal Issues Involved In The Nfl National Anthem Protests”

October 4, 2017

On Thursday, November 2, 2017, our partner, Raj Gadhok, will be hosting a panel of NFL and legal professionals for a Continuing Legal Education program in the press box of MetLife Stadium just prior to the nationally televised Thursday Night Football matchup between the New York Jets and the Buffalo Bills. The panel will explore the implications of the NFL's support of its players' First Amendment rights in the workplace, as well as the broader legal and societal implications of President Trump's recent vocal opposition to those protests. This is an exclusive, one of a kind offering made possible through a joint venture between the Essex County Bar Association and the New York Jets.

Appellate Division Upholds Marital Settlement Agreement Executed Before Divorce

September 19, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman learned that her husband was having an affair and retained counsel to draft a Marital Settlement Agreement (MSA) in connection with an eventual divorce proceeding. The wife's attorney drafted the MSA, sent it to the husband for his signature, and advised him of his right to seek independent legal advice regarding the terms of the Agreement. The MSA disproportionately favored the wife, as it gave her sole ownership of the marital home, the parties' retirement account, and sole legal custody of the children of the marriage. The MSA allocated the outstanding mortgage balance on the marital home and much of the marital debt to the husband. The husband signed the(...)

Appellate Division Upholds Transfer Of Tort Claims To Family Division

September 11, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A New Jersey husband and wife were married in 1996 and had two children. They went through a contentious divorce from 2008 to 2011, which culminated in a Marital Settlement Agreement (MSA) in June 2011. In November 2014, the husband filed a lawsuit in the Superior Court, Law Division, against his ex-wife for intentional infliction of emotional distress, aiding in the commission of a tort, and civil conspiracy. All of the claims were allegedly related to the wife alienating the children from the husband during and after the divorce. The wife filed a motion seeking to dismiss the husband's suit for failure to state a claim upon which relief could be granted, sought sanctions(...)