Family Matters

How to Address Emergent Issues in New Jersey Family Court

When an individual is in need of Court intervention, they may file an application with the Court requesting the Court grant certain relief. In New Jersey, the earliest an application may be heard is 24 days from the filing date. This permits the other party to be notified about the application, seek legal guidance, and respond. However, even this timeline is subject to the Court’s calendar and availability, as well as the availability of counsel and the parties.

Should an emergent situation arise, these deadlines will not be conducive to addressing that emergent situation.

Accordingly, New Jersey has a mechanism to hear emergent issues, interchangeably called emergent applications or Orders to Show Cause. This mechanism, which is heard immediately and thus restricts the other side’s ability to participate, has its own standard before emergent relief may be granted.

The four-prong test

Specifically, the New Jersey Supreme Court has established a four-prong test for determining whether an applicant is entitled to emergent relief. Crowe v. DeGioia, 90 N.J. 126, 132-34 (1982). This test applies to all emergent applications, not only those submitted in the Family Court.

The factors include: 

1. The petitioner will suffer irreparable harm if the requested relief is not granted;
2. The legal right underlying petitioner’s claim is settled;
3. The petitioner has a likelihood of prevailing on the merits of the underlying claim; and
4. When the equities and interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.

In New Jersey Family Court, the most heavily weighted standard is often immediate and irreparable harm. This standard can be difficult to meet. Emergent relief is generally only granted in New Jersey Family Courts when children are subject to immediate and irreparable harm, such as cases of neglect or abuse. On rare occasions, New Jersey Family Courts will consider financial issues on an emergent basis, such as one party transferring funds or dissipating an asset. As set forth in the other three factors, the Court must weigh the allegations along with available proofs and whether the allegations, if proven true, would justify the emergent relief granted.

Additionally, a Court may elect to hear an emergent application ex parte, meaning without notice to the other party.

It is especially important to seek an ex parte emergent hearing under circumstances where the other party may take action upon learning about the emergent application. For example, if the children are with one party and that party is at risk of absconding with the children. In this circumstance, it may be important to obtain an Order from the Court to involve law enforcement to obtain the children without notifying the other party.

Should you feel your situation constitutes immediate and irreparable harm, our attorneys can quickly advise you on the emergent application process and whether your matter may meet the standard.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.