Jurisdiction/International Issues

 

Sometimes in family law, the issue of whether a particular court has jurisdiction over the nature of the case and the type of reliefs sought can be an issue. There are two kinds of jurisdiction that a court needs to be able to fully adjudicate a matter before it.

 

The first is Subject Matter Jurisdiction. This refers to the extent to which a court can rule on the conduct of an individual or the status of things. Specifically, as the name implies, it refers to the subject(s) or topic(s) of which a court either does, or does not, have jurisdiction to decide upon. It is dependent entirely on something external to the case before it. If a court determines that it does not have subject matter jurisdiction over a case, it lacks the power or authority to hear or decide a particular case.

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The second is Personal Jurisdiction. Also known as In Personam Jurisdiction, this refers to a court’s power to bring a person before it to engage in the adjudicative process. Often personal jurisdiction requires some form of "contact" with the geographic jurisdiction of a court. This can be by way of being physically present in the jurisdiction or otherwise availing oneself of the laws of the jurisdiction.

 

By statute, New Jersey courts have subject matter jurisdiction over a marriage (i.e. to decide if a divorce should be granted) so long as the court has personal jurisdiction over either of the parties to the marriage. If you receive(d) a Judgment of Divorce or other family court Order in another state, it is entitled to be recognized by other states, such as New Jersey, under the Full Faith and Credit clause of the United States Constitution (provided those states had personal jurisdiction over one party and the parties were afforded proper notice in accordance with procedural rules of that state). If you received a Judgment of Divorce in another county, provided the manner in which it was obtained comports with general principles of due process and does not offend notions of public policy, New Jersey court's can recognize the foreign Judgment under the legal principle of comity. 

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Issues about jurisdiction can come up in various situations, often where parties have quickly relocated from one jurisdiction to another and then seek the assistance of a court. Sometimes a court may have jurisdiction to divorce the parties but not have jurisdiction over an asset that might otherwise need to be distributed. Issues involving the improper taking of a minor child to a foreign country against the wishes of the other parent, or even the order of a foreign court, can invoke the Hague Convention.

 

UCCJEA

UIFSA

Hague Convention

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