InfoApril 1, 2014 · Legal
NJ Divorce Lawyers Win Precedent Setting Appeal, Decision Gets Rare Approval
Goldstein Bachman and Newman has just announced that an appellate court of New Jersey has just deliberated in favor of their client, reversing an earlier ruling by Judge Fisher, P.J.A.D. The original decision had stated that the defendant and plaintiff would have to settle their dispute within Brighton, Ontario, Canada. New Jersey will continue to be the exclusive jurisdiction for parenting-time disputes.Press Release VideoLoading the player...Details(prREACH)
Goldstein Bachman and Newman has recently announced that an appellate court within New Jersey has deliberated in favor of their client, the defendant, therefore reversing an earlier ruling by Judge Fisher, P.J.A.D. The decision made by this judge had stated that the plaintiff and the defendant were to settle any mediation or dispute within Brighton, Ontario, Canada, as this was the area to which the defendant had moved the children after the settling of the PSA, or Property Settlement Agreement. The plaintiff was fighting to have this jurisdiction moved back to a New Jersey court, something that was agreed upon during the divorce.
This decision allows exclusive jurisdiction over the matters relating to the divorce, child custody and spousal support between the plaintiff and defendant to fall within a New Jersey Court, making the appeal a success. A copy of the appeal can be found here http://www.goldsteinbachman.com/wp-content/uploads/2014/03/PRESS-RELEASE-appeal-approved-for-publ.pdf.
Mark Goldstein commented on the decision;
"This is a landmark decision by the court and will set a precedent for future court decisions. We couldn't be happier for our client who will now, at least, have a fair fight to be with his kids."
The hearing arose after the plaintiff, who is the father, was denied parenting time by the defendant, the mother. The issue then went to court. It was found that because the defendant had then moved to Canada a few months after the PSA was signed, the matter would have to be resolved in a Canadian court, even though this was in conflict with the PSA, which was agreed upon by both parties. It was found that the defendant had agreed expressly within this document that all setting of disputes would be handled within a New Jersey court.
After the case was sent to court, Judge Fisher, P.J.A.D., ruled in favor of the defendant, although this was later found to be because of a misinterpretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) [N.J.S.A. 2A:34-53 to -95].
The decision was then appealed and the court recognized the decision of the attorneys to publish the document online. A link to a copy of the document has been referenced above. This is believed to be a particularly important case within the field of family law, which is why the attorneys reiterated the importance of publishing the document online.
Goldstein, Bachman & Newman was established in 1997. The firm prides itself on hiring professionals with what they believe to be outstanding credentials, and offers services in a variety of legal areas. For more information about the firm, visit http://www.goldsteinbachman.com/new-jersey-divorce-lawyer/middlesex-county.
For more information about this appeal, contact;
Howard Bachman Email: [email protected] Full Address: 14 Woodward Dr, Old Bridge, NJ 08857 Phone: (732) 360-9300(732) 360-9300VideoLinksQuotes"This is a landmark decision by the court and will set a precedent for future court decisions. We couldn't be happier for our client who will now, at least, have a fair fight to be with his kids."ImagesContact
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