Changing Jurisdiction from NJ to PA-how?

[NJtoPAlegal]

What is the name of your state (only U.S. law)? PA (Bucks county)
I moved to Bucks county PA 7 months ago from Essex county NJ. I am the parent of primary residence. My ex husband and I have joint legal custody. I applied for a motion for relocation and it was granted, he continues to fight this and an Appellate case is still pending. I would like to have jurisdiction changed for custody issues. My ex is, to put it mildly, nuts. He is 19,000 in arrearages that he continuously alleges he doesn't owe. He doesn't pay, and nothing happens to him. I have filed many motions for enforcement, which are granted, again, he does not pay. whenever I file a motion of enforcement, he will go back to all kinds of irrelevant issues related to pre divorce. Once again, he denied he owed these monies (this is combined back alimony and child support) and somehow the judge then asked for my tax statements from 2012 to determine if he owned me. I'm not quite sure how this is even legal since she's court ordered him 4 times to pay the amount due in full and he never has. In any event, I would like to change jurisdiction to PA, as 1. This is where I now live. 2. Apparently, there is no limit as to how often and how many times he can take me to court for the same issue in NJ- and never have to comply. He is causing me and my 7 year old undo stress. My question is: what kind of motion or letter do I need to file with NJ courts to have the judge relinquish jurisdiction. Each time I contact NJ court, they say "I can't give you legal advice". Additionally, is there case law I can review to help support why I would like jurisdiction changed? Other than my ex is making my life miserable and I want some kind of court to recognize this and hold him accountable??
I appreciate your time.

 

[Zigner]

What is the name of your state (only U.S. law)? PA (Bucks county)
I moved to Bucks county PA 7 months ago from Essex county NJ. I am the parent of primary residence. My ex husband and I have joint legal custody. I applied for a motion for relocation and it was granted, he continues to fight this and an Appellate case is still pending. I would like to have jurisdiction changed for custody issues. My ex is, to put it mildly, nuts. He is 19,000 in arrearages that he continuously alleges he doesn't owe. He doesn't pay, and nothing happens to him. I have filed many motions for enforcement, which are granted, again, he does not pay. whenever I file a motion of enforcement, he will go back to all kinds of irrelevant issues related to pre divorce. Once again, he denied he owed these monies (this is combined back alimony and child support) and somehow the judge then asked for my tax statements from 2012 to determine if he owned me. I'm not quite sure how this is even legal since she's court ordered him 4 times to pay the amount due in full and he never has. In any event, I would like to change jurisdiction to PA, as 1. This is where I now live. 2. Apparently, there is no limit as to how often and how many times he can take me to court for the same issue in NJ- and never have to comply. He is causing me and my 7 year old undo stress. My question is: what kind of motion or letter do I need to file with NJ courts to have the judge relinquish jurisdiction. Each time I contact NJ court, they say "I can't give you legal advice". Additionally, is there case law I can review to help support why I would like jurisdiction changed? Other than my ex is making my life miserable and I want some kind of court to recognize this and hold him accountable??
I appreciate your time.

You should contact a local attorney for more guidance, but it sounds to me like you'd simply like to find a court that's more sympathetic to your position. That's very unlikely to happen.

How is he causing your 7 year old undo stress?

 

[Silverplum]

What is the name of your state (only U.S. law)? PA (Bucks county)
I moved to Bucks county PA 7 months ago from Essex county NJ. I am the parent of primary residence. My ex husband and I have joint legal custody. I applied for a motion for relocation and it was granted, he continues to fight this and an Appellate case is still pending. I would like to have jurisdiction changed for custody issues. My ex is, to put it mildly, nuts. He is 19,000 in arrearages that he continuously alleges he doesn't owe. He doesn't pay, and nothing happens to him. I have filed many motions for enforcement, which are granted, again, he does not pay. whenever I file a motion of enforcement, he will go back to all kinds of irrelevant issues related to pre divorce. Once again, he denied he owed these monies (this is combined back alimony and child support) and somehow the judge then asked for my tax statements from 2012 to determine if he owned me. I'm not quite sure how this is even legal since she's court ordered him 4 times to pay the amount due in full and he never has. In any event, I would like to change jurisdiction to PA, as 1. This is where I now live. 2. Apparently, there is no limit as to how often and how many times he can take me to court for the same issue in NJ- and never have to comply. He is causing me and my 7 year old undo stress. My question is: what kind of motion or letter do I need to file with NJ courts to have the judge relinquish jurisdiction. Each time I contact NJ court, they say "I can't give you legal advice". Additionally, is there case law I can review to help support why I would like jurisdiction changed? Other than my ex is making my life miserable and I want some kind of court to recognize this and hold him accountable??
I appreciate your time.

Court clerks are expressly prohibited by law from providing legal advice, or from telling you how to run your case, or from doing anything with the general public other than providing and receiving forms.

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA (Bucks county)
I moved to Bucks county PA 7 months ago from Essex county NJ. I am the parent of primary residence. My ex husband and I have joint legal custody. I applied for a motion for relocation and it was granted, he continues to fight this and an Appellate case is still pending. I would like to have jurisdiction changed for custody issues. My ex is, to put it mildly, nuts. He is 19,000 in arrearages that he continuously alleges he doesn't owe. He doesn't pay, and nothing happens to him. I have filed many motions for enforcement, which are granted, again, he does not pay. whenever I file a motion of enforcement, he will go back to all kinds of irrelevant issues related to pre divorce. Once again, he denied he owed these monies (this is combined back alimony and child support) and somehow the judge then asked for my tax statements from 2012 to determine if he owned me. I'm not quite sure how this is even legal since she's court ordered him 4 times to pay the amount due in full and he never has. In any event, I would like to change jurisdiction to PA, as 1. This is where I now live. 2. Apparently, there is no limit as to how often and how many times he can take me to court for the same issue in NJ- and never have to comply. He is causing me and my 7 year old undo stress. My question is: what kind of motion or letter do I need to file with NJ courts to have the judge relinquish jurisdiction. Each time I contact NJ court, they say "I can't give you legal advice". Additionally, is there case law I can review to help support why I would like jurisdiction changed? Other than my ex is making my life miserable and I want some kind of court to recognize this and hold him accountable??
I appreciate your time.

While an appellate case is pending NOTHING is going to happen. You will not be able to transfer jurisdiction. How far are you from Essex County, NJ? Is the 7 year old, HIS child as well? The judge has no right to relinquish jurisdiction while an appeal is pending. Not going to happen.

 

[NJtoPAlegal]

While an appellate case is pending NOTHING is going to happen. You will not be able to transfer jurisdiction. How far are you from Essex County, NJ? Is the 7 year old, HIS child as well? The judge has no right to relinquish jurisdiction while an appeal is pending. Not going to happen.

Im sorry, I don't understand this answer. We had 2 Baurnes vs. Lewis (spelling) hearings and both times, the motion for relocation was granted, 65 miles from his father. He maintains visitation and was giving 6 weeks summer vacation, holidays etc. What does "the judge has no right to relinquish jurisdiction" mean. The appeal is for the motion for relocation, not custody. NJ attorneys are astronomical in cost and at this point, I have no problem filing a motion, I am just asking what motion to file and what reasons to include. While I appreciate the "not going to happen" response... wasn't my question.

 

[Zigner]

Im sorry, I don't understand this answer. We had 2 Baurnes vs. Lewis (spelling) hearings and both times, the motion for relocation was granted, 65 miles from his father. He maintains visitation and was giving 6 weeks summer vacation, holidays etc. What does "the judge has no right to relinquish jurisdiction" mean. The appeal is for the motion for relocation, not custody. NJ attorneys are astronomical in cost and at this point, I have no problem filing a motion, I am just asking what motion to file and what reasons to include. While I appreciate the "not going to happen" response... wasn't my question.

What don't you understand? There is a (very) active case in this matter. You're not just going to pick up and change courts while it's ongoing.

 

[Silverplum]

Perhaps an attorney will snappily jump to research and answer your question/s in a manner more acceptable to you.

 

[Ohiogal]

Im sorry, I don't understand this answer. We had 2 Baurnes vs. Lewis (spelling) hearings and both times, the motion for relocation was granted, 65 miles from his father. He maintains visitation and was giving 6 weeks summer vacation, holidays etc. What does "the judge has no right to relinquish jurisdiction" mean. The appeal is for the motion for relocation, not custody. NJ attorneys are astronomical in cost and at this point, I have no problem filing a motion, I am just asking what motion to file and what reasons to include. While I appreciate the "not going to happen" response... wasn't my question.

The trial court does NOT have jurisdiction over this case while it is on appeal. Therefore, the trial court cannot transfer jurisdiction. They are precluded. And yes, it was your question. YOU CANNOT file at this juncture WHILE AN APPEAL IS PENDING a motion to transfer the case as it matters not at this time and is not going to happen. Wait until the appeal is settled. Then ask.

 

[45Frank]

What is the name of your state (only U.S. law)? PA (Bucks county)
I moved to Bucks county PA 7 months ago from Essex county NJ. I am the parent of primary residence. My ex husband and I have joint legal custody. I applied for a motion for relocation and it was granted, he continues to fight this and an Appellate case is still pending. I would like to have jurisdiction changed for custody issues. My ex is, to put it mildly, nuts. He is 19,000 in arrearages that he continuously alleges he doesn't owe. He doesn't pay, and nothing happens to him. I have filed many motions for enforcement, which are granted, again, he does not pay. whenever I file a motion of enforcement, he will go back to all kinds of irrelevant issues related to pre divorce. Once again, he denied he owed these monies (this is combined back alimony and child support) and somehow the judge then asked for my tax statements from 2012 to determine if he owned me. I'm not quite sure how this is even legal since she's court ordered him 4 times to pay the amount due in full and he never has. In any event, I would like to change jurisdiction to PA, as 1. This is where I now live. 2.

Apparently, there is no limit as to how often and how many times he can take me to court for the same issue in NJ- and never have to comply. He is causing me and my 7 year old undo stress. My question is: what kind of motion or letter do I need to file with NJ courts to have the judge relinquish jurisdiction.

Each time I contact NJ court, they say "I can't give you legal advice". Additionally, is there case law I can review to help support why I would like jurisdiction changed? Other than my ex is making my life miserable and I want some kind of court to recognize this and hold him accountable??
I appreciate your time.

I've been thru this in NJ and they will hear a case endlessly even when Judges scold them about it and even after they don't have jurisdiction. It's job security for them and the courts. I was told NJ doesn't give up jurisdiction but the new state takes over jurisdiction after a time limit(6 months in NC). I had to follow laws here in NC you may have to check PA. law. Luckily when my ex tried the same thing here recently in NC she was slammed and the case just thrown out. Can she refile? Yes. Will it still cost me money? Yes. But the Judge here explained to her that in NC you cannot repeatedly refile for the same thing and questioned if it was even legal in NJ.

 

[Ohiogal]

I've been thru this in NJ and they will hear a case endlessly even when Judges scold them about it and even after they don't have jurisdiction. It's job security for them and the courts. I was told NJ doesn't give up jurisdiction but the new state takes over jurisdiction after a time limit(6 months in NC). I had to follow laws here in NC you may have to check PA. law. Luckily when my ex tried the same thing here recently in NC she was slammed and the case just thrown out. Can she refile? Yes. Will it still cost me money? Yes. But the Judge here explained to her that in NC you cannot repeatedly refile for the same thing and questioned if it was even legal in NJ.

WRONG. The state has to GIVE UP JURISDICTION and be willing to transfer a case. UCCJEA.

 

[45Frank]

WRONG. The state has to GIVE UP JURISDICTION and be willing to transfer a case. UCCJEA.

Well then both NJ and NC were wrong by your statement. I as the OP was allowed to move out of state by court order. In NC and NJ that was considered giving up jurisdiction. My ex tried to fight it many times over the years (years after losing PR) in both states and lost. My attorneys in both states argued that the order to leave NJ was enough and both were successful.
As far as giving up PR he followed what you posted UCCJEA, no contact for so long, living in the new state and down the list.
Also her parental rights were given up with no foreseeable adoption and I was a single dad, but their was other reasons.
Good day have to go.

 

[stealth2]

NJ loathes to accept OR give up jurisdiction - especially when one parent is still a resident of the originating state. Can/does it happen? Sure. But it does usually require the aid of a lawyer or an exceptional knowledge of NJ statures, etc.