Clementon, NJ asked in Civil Litigation and Family Law for New Jersey

Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer & counterclaim as well as motion requesting relief in June. Mortgage needed to be paid, bills, set up custody, etc. Court never acknowledged receiving but tracking number proves they did. Nothing from the court until Sep. Wife was withholding children periodically even on their birthdays. Threw bday parties at her parents never inviting my son & myself. One week we would spend together, go to lunch during work hours, spend time together with & without the children. Then she would ignore me for a week. Never in trouble with law, no record, no history of drug use, nothing. I file for custody, she fileds TRO, requests hair follicle, risk assessments. No hearing, Judge grants all. No hair, urine passed. denied.

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to get a better handle on the status of the various issues outstanding and how to move forward constructively. As to the tracking of the papers you sent to the court house, if they were sent to the wrong office inside the courthouse or you failed to specify in your envelope and cover letter ( including the docket number on the cover letter, etc), it sounds like it went to the wrong office or went into the general mail and took months to get to the correct office / person.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. The courts have been extremely slow in everything especially in the larger counties. From what I can tell you did not file in JEDS. That’s the way all family papers must be filed. The mail goes to the opposition. A TRO is typically granted but you need to defend at the FRO hearing because that will have a negative impact upon your life. You really need a lawyer to be an effective advocate for your case.

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