Wednesday, March 18, 2020

Rule 5:2-1. Venue, Where Laid

Rule 5:2-1. Venue, Where Laid

Venue in family actions shall be laid in accordance with the applicable provisions of
R. 3:14-1 and R. 4:3-2 except as follows:

(a) (1) In actions primarily involving the support or parentage of a child (except
actions in which the issue of support of a child is joined with claims for divorce, dissolution
of civil union, termination of domestic partnership, or nullity) venue shall be laid, pursuant
to the Uniform Interstate Family Support Act (UIFSA), in the county of New Jersey in which
the child is domiciled, if New Jersey is determined to be the child's home state, as defined
under N.J.S.A. 2A:4-30.125.

(2) In a proceeding to establish or enforce or modify a support order or to
determine parentage, personal jurisdiction over nonresident individuals shall be governed
by N.J.S.A. 2A:4-30.129.

(3) The jurisdictional basis for the establishment of a support order shall be
governed by N.J.S.A. 2A:4-30.132.

(4) The continuing exclusive jurisdiction of New Jersey or another issuing
state, exceptions thereto and modification of a support order issued by a court of this or
another state, shall be governed by N.J.S.A. 2A:4-30.133.

(5) Recognition of an order entered by this State, or by a tribunal of another
state, and the method to determine which order is controlling, when multiple orders exist,
including responses to multiple registrations or petitions for enforcement, shall be
governed by N.J.S.A. 2A:4-30.134 and 2A:4-30.135.

(b) (1) In actions involving the welfare, custody, protection and status of a child
(except actions in which the issues of welfare, custody, protection and status of a child are
joined with claims for divorce, dissolution of civil union, termination of domestic
partnership, or nullity), venue shall be laid, pursuant to the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), in the county of New Jersey in which the
child was last domiciled if New Jersey is determined to be the child's home state, as
defined under N.J.S.A. 2A:34-54, and pursuant to N.J.S.A. 2A:34-65.

(2) Pursuant to N.J.S.A. 2A:34-68, New Jersey may exercise temporary
emergency jurisdiction under the Rule.

(c) In divorce, dissolution of civil union, termination of domestic partnership, and
nullity actions, venue shall be laid in accordance with R. 5:7-1.

(d) In actions for adoption, venue shall be laid in accordance with R. 5:10-1.

(e) In actions for termination of parental rights, venue shall be laid in accordance
with R. 5:9-1.

(f) In juvenile delinquency actions, venue shall be laid in accordance with R. 5:19-1.

(g) In kinship legal guardianship actions, venue shall be laid in accordance with R.
5:9A-3.

Note: Source - new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a)
amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added June 15, 2007 to be effective September 1, 2007; paragraph (a) amended and text reallocated as paragraphs (a) and (b), paragraphs (b), (c), (d), (e), and (f) reallocated as paragraphs (c), (d), (e), (f), and (g) July 16, 2009 to be effective September 1, 2009; subparagraphs (a)(1) and (b)(1) and paragraph (c) amended July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) amended July 28, 2017 to be effective September 1, 2017.

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