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Once New Jersey Courts have made the initial determination of custody, New Jersey is considered to have exclusive, continuing jurisdiction. This means that New Jersey – and only New Jersey – has the right to make custody determinations for that child or those children. The New Jersey Uniform Child Custody Jurisdiction and Enforcement (NJUCCJEA) lays out the requirements for acquiring jurisdiction over a custody matter. Of course, there is always the possibility that New Jersey could lose jurisdiction over the children, depending on the specific facts and circumstances. Some factors that courts will use in deciding whether or not New Jersey will be able to retain jurisdiction over the matter are as follows:
The case of Griffith v. Tressel is instructive when it comes to the interpretation of the above statutes. The court made it abundantly clear that as long as either the ‘compelling contact or relationship’ to the state test or the ‘significant evidence’ test is satisfied, there is not necessarily a requirement to meet both basis in order for New Jersey to retain jurisdiction. Only if neither of these prongs is satisfied will New Jersey be divested of custody jurisdiction. Griffith v. Tressel, 392 N.J. Super. 128, 142-3 (App. Div. 2007).
Though a determination that New Jersey is an inconvenient forum can divest it of jurisdiction, the principle is separate and distinct from the application of the significant connection and substantial evidence standards. If the New Jersey court determines that New Jersey is an inconvenient forum for a custody suit, it stays the proceeding in New Jersey conditioned upon the action being promptly commenced in another, more appropriate state. This necessarily requires there to be a court of another state willing to take jurisdiction of the matter. N.J.S.A. 2A:34:71c.
What is important to remember is that the laws have been set up to prevent jurisdiction in custody matters in multiple states at the same time. This, in turn, avoids multiple custody orders from multiple jurisdictions on the same case. Therefore, to bring a custody action in a state other than New Jersey, it is always necessary to terminate New Jersey’s continuing, exclusive jurisdiction over the case under the principles set forth above.
If you need to discuss terminating custody jurisdiction in New Jersey, call the Law Offices of Peter Van Aulen for a consultation at 201-845-7400.