Joel R Brandes

August 05, 2002 | New Jersey Law Journal

New Jersey`s custody laws have as their basis the fundamental principle that custody is awarded based on the best interests of the child with neither parent having a superior right to the custody of the child. However, one can say that the law of custody has gone through several distinct and interesting phases going back to the feudal days of England.

By Joel R. Brandes

11 minute read

January 18, 2002 | New York Law Journal

C ivil Practice Law and Rules 2103 governs stipulations made between the parties to an action or proceeding, It provides that ". an agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered."

By Joel R. Brandes

11 minute read

April 04, 2002 | New York Law Journal

P arents who do not have sole custody of their children and are planning to travel abroad with them his summer may find that their plans have to be changed or even cancelled because their attorney left an essential clause out of their settlement agreement a passport waiver clause. Attorneys negotiating a matrimonial settlement agreement on behalf of a parent who does not have sole custody of his or her children would be well advised to consider insisting on such a clause.

By Joel R. Brandes

9 minute read

April 05, 2002 | New York Law Journal

P arents who do not have sole custody of their children and are planning to travel abroad with them his summer may find that their plans have to be changed or even cancelled because their attorney left an essential clause out of their settlement agreement a passport waiver clause. Attorneys negotiating a matrimonial settlement agreement on behalf of a parent who does not have sole custody of his or her children would be well advised to consider insisting on such a clause.

By Joel R. Brandes

9 minute read

March 25, 2002 | New York Law Journal

O n April 28, 2002, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was adopted in New York in 1977, as Article 5-A of the Domestic Relations Law. 1 Title 2 of the UCCJEA is a jurisdictional statute that revises the law on child custody jurisdiction in light of the mandates of the Parental Kidnapping Prevention Act (PKPA). 2

By Joel R. Brandes

11 minute read