Litigation

A jury awarded $358,000 to the children of a woman who was killed by her abusive husband in a case they brought against a county sheriff's department. The sheriff and his deputies had visited the couple's home several times over the course of about 4 years on domestic violence calls. On one visit, the husband held a gun to his wife's head, but the sheriff did not arrest him, confiscate the gun or inform the wife as to how she and her three sons could escape the abuse. Eventually, the husband shot his wife and then himself. The children's suit was based on the claim that state law required the sheriff's department to arrest the husband and inform the wife of her options.

Consent-to-Jurisdiction Clause Is Not Necessarily Binding

Peregoy v. Peregoy, A-2684-01T2

(N.J. App. Div., March 11)

The New Jersey Appellate Division has ruled that as long as one parent has remained a New Jersey resident and, as agreed upon by both parties, the other parent has moved to another state with their child, a consent-to-jurisdiction clause in the parties' property settlement agreement incorporated in their divorce judgment establishes the minimum basis for continuing jurisdiction in New Jersey. In so ruling, that court stated that under such circumstances, such an agreement is only one factor to be considered when determining whether to exercise jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act.

The court also reversed the order changing custody without a plenary hearing because the order was based solely on conflicting certifications, and issued without the court having provided findings of fact or reasons for the decision.

Sheriff Pays for Failing to Arrest Abusive Husband

Massee v. Thompson, No. DV0017

(Mont. Dist. Ct., Broadwater Cty., Feb. 27)

A jury awarded $358,000 to the children of a woman who was killed by her abusive husband in a case they brought against a county sheriff's department. The sheriff and his deputies had visited the couple's home several times over the course of about 4 years on domestic violence calls. On one visit, the husband held a gun to his wife's head, but the sheriff did not arrest him, confiscate the gun or inform the wife as to how she and her three sons could escape the abuse. Eventually, the husband shot his wife and then himself. The children's suit was based on the claim that state law required the sheriff's department to arrest the husband and inform the wife of her options.

Consent-to-Jurisdiction Clause Is Not Necessarily Binding

Peregoy v. Peregoy, A-2684-01T2

(N.J. App. Div., March 11)

The New Jersey Appellate Division has ruled that as long as one parent has remained a New Jersey resident and, as agreed upon by both parties, the other parent has moved to another state with their child, a consent-to-jurisdiction clause in the parties' property settlement agreement incorporated in their divorce judgment establishes the minimum basis for continuing jurisdiction in New Jersey. In so ruling, that court stated that under such circumstances, such an agreement is only one factor to be considered when determining whether to exercise jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act.

The court also reversed the order changing custody without a plenary hearing because the order was based solely on conflicting certifications, and issued without the court having provided findings of fact or reasons for the decision.