Matheu D. Nunn, Thomas A. Brewer Co-Author Op-Ed “Much-Needed Legislative Changes in Family Law” in New Jersey Law Journal

Einhorn Barbarito managing partner Matheu D. Nunn and associate Thomas A. Brewer, along with Alyssa Engleberg Nunn of Hagan, Weisberg & Nunn, co-authored an expert opinion article for the New Jersey Law Journal discussing proposed legislative changes to two New Jersey state laws pertaining to family law.

They first discuss New Jersey’s relocation law, which they write “has undergone a seismic shift over the past decade, but one critical gap must be addressed: whether the standard governing pendente lite relocation of children should be the same as at a final hearing.” Under current law, the focus in relocation disputes is firmly planted in the child’s best interests without any presumptions or burden-shifting. But that standard contemplates that a decision about relocation will be made during a testimonial proceeding that is most often informed by expert testimony. However, when a court allows a pendente lite relocation, the relocation is often the most relied upon guidepost for the final decision. The authors argue that the legislature must put an end to this practice and pass an amendment requiring clear and convincing evidence that the temporary removal of a minor is in the best interests of the child.

The authors also discuss a proposed change to New Jersey’s Prevention of Domestic Violence Act. While the law is one of the strongest and most victim-protective statutory frameworks in the nation, its final restraining orders (FROs) never expire, and remain in effect permanently unless dissolved by a court. The authors argue that the “indefinite structure, while grounded in laudable public policy concerns, also presents due process, proportionality, and practical challenges that warrant a modernized reform: the adoption of sunset provisions that automatically terminate FROs after a defined period, subject to renewal upon a showing of continued need.”

Nunn serves as co-chair of Einhorn Barbarito’s Family/Matrimonial Practice and Appellate Practice and represents individuals from all fields in family law matters.

The full op-ed “Much-Needed Legislative Changes in Family Law” can be read at the New Jersey Law Journal (subscription required).