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Hendry v. Hendry

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 4, 2001

Plaintiff Andrew Hendry and defendant Jean Hendry were married on June 17, 1970. The parties adopted one child at birth, Robert Andrew Hendry (“Robbie”), who is eleven years old. On June 10, 1997, Andrew and Jean were divorced by dual judgment, and on March 12, 1998, the parties incorporated a property settlement agreement into their divorce judgment. The parties negotiated, as part of the settlement agreement, a provision continuing jurisdiction in New Jersey for all matters relating to their child. Jean and Robbie currently live in North Carolina and Andrew has moved to New York. Jean in this appeal contends that Judge Herr violated the Uniform Child Custody Jurisdiction Act, N.J.S.A. 2A:34-28 to -52 (“UCCJA”), by enforcing the negotiated continuing jurisdiction provision. We disagree with Jean’s contention and affirm.

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