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King v. King

July 26, 2007

KELLY KING, N/K/A KELLY M. KIRBY,*FN1 PLAINTIFF-APPELLANT,
v.
BRIAN F. KING, SR., DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-3085-01.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued July 10, 2007

Before Judges Fuentes and Graves.

Plaintiff Kelly M. Kirby appeals from a post-judgment Family Part order modifying parenting time, entered without benefit of a plenary hearing, and an order denying her motion for reconsideration. Plaintiff contends the trial court abused its discretion "by sua sponte modifying the parenting time schedule and failing to order discovery and a plenary hearing."

We agree and reverse the orders under review.

The parties have one child, Brian, who was born on February 3, 2000. The "amended final judgment of divorce," dated June 17, 2002, contains the following custody and parenting time provisions:

1. The Plaintiff shall have sole custody of Brian F. King (born February 3, 2000), the unemancipated child of the marriage between the Plaintiff and the Defendant. The child shall reside with the Plaintiff.

The Defendant shall have liberal and reasonable parenting time with the child of the marriage as mutually agreed between the Plaintiff and the Defendant.

2. The visitation of the Defendant and the child shall be as follows:

a. From 10:00 A.M. to 5:00 P.M. on Saturday, February 16, 2002, February 23, 2002, March 2, 2002[,] and March 9, 2002.

b. Effective Saturday, March 16, 2002[,] the Defendant shall have overnight visitation with the child from Saturday at 12:00 P.M. to 5:00 P.M. Sunday.

c. Effective the summer of 2002, the Defendant shall have one week of visitation with the child. During such times as the Defendant has parenting time, the Plaintiff shall have the right to know the location, destination as well as the telephone number where the child will be at all times and further ...


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