Joseph C. Noto, a Bergen County divorce attorney and Family Law lawyer, gives to his blog viewers a recent ruling that was made in 20-2-2358 S.M. v. K.M., App. Div. (Koblitz, J.A.D.) (10 pp.) where the court granted leave to appeal from an order preventing a father in a pending divorce case from having any contact with his two children until the criminal charges against him, involving an allegation that he pointed a BB gun at his son, are resolved. It reversed and remanded for a hearing before the Family Part judge at which the prosecutor, criminal defense attorney and two family lawyers may be heard. The court relied on Rule 5:12-6 and AOC Directive 03-09, which control visitation decision-making when an abuse and neglect case is being heard in the Family Part while a parent has criminal charges pending. Joesph C Noto says family law lawyers and divorce attorneys should be acquainted with this case when dealing with vistation issues.
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