The following is a portion of the NJ Court Rules which apply to all family cases:

5:3-4. Counsel: Appearance; Prosecutor (a) Right to Counsel; Public Defender; Assignment of Counsel. In all matters the parties shall have the right to be represented by counsel. In family matters the court shall advise the juvenile and the juvenile's parents, guardian, or custodian of their right to retain counsel and, if counsel is not otherwise provided for the family and if the matter may result in the institutional commitment or other consequence of magnitude to any family member, or if any family member is constitutionally or by law entitled to counsel, the court shall refer the family member to the Office of the Public Defender, if appropriate, or assign other counsel to represent the juvenile or family member. The court may, depending upon the financial circumstances of the parents, guardian or custodian, order them to pay the fee of assigned counsel in such amount as it fixes. The court shall also assign counsel to represent indigents in family actions where a party is by constitution, state or federal, or by law entitled to counsel and there is no publicly-funded source of representation available.

(b) Appearances. Where no answer is filed, attorneys representing any party to a proceeding shall enter their appearances promptly with the clerk of the court and, insofar as practicable, shall notify the clerk of the length of time it is anticipated the hearing or trial will take. In summary actions the attorneys, no later than 5 days prior to the date set for the hearing or trial, shall notify the clerk as to whether the matter is contested or uncontested. The parties and their counsel shall be afforded a reasonable time in which to prepare for the hearing or trial in all matters.

(c) Prosecuting Attorney. Whenever required by statute or rule the county prosecutor shall prosecute the complaint on behalf of the State. In any matter where the interest of justice so requires, the court may request the attorney general, the county prosecutor, the municipal attorney or the school board attorney, as appropriate, to appear and prosecute the complaint.

Conclusion If involved in family court matters, immediately schedule an in-office appointment with an experienced attorney. Don't rely on a real estate attorney, or a family member who simply attended law school. When your future is on the line, hire a knowledgeable attorney.

The above information is a brief outline of Court Rules an attorney will review in applicable Family cases. If Kenneth Vercammen's office is unable to handle a case because it is outside our area, we often can refer individuals to experienced attorneys you can consult.

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030