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Bazin v. Stoll

August 3, 2007

JEFFREY BAZIN, PLAINTIFF-RESPONDENT,
v.
CHRISTINA STOLL, F/K/A CHRISTINA BAZIN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Camden County, Docket No. FM-04-1427-97.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 17, 2007

Before Judges C.S. Fisher and Grall.

Plaintiff Jeffrey Bazin and defendant Christina Bazin were divorced on July 29, 1997. Defendant appeals from post-judgment orders concerning custody of the parties' child entered by the Family Part on August 19 and October 28, 2005, and from a child support order entered on March 24, 2006. She filed the notice of appeal on April 17, 2006. Plaintiff contends that the appeal is untimely. We agree and dismiss the appeal.

Pursuant to an agreement incorporated in the parties' final judgment of divorce, plaintiff and defendant were to share "joint legal and joint residential custody" of their child, who was born on October 23, 1991 and is now fifteen years of age.

In July 2005 defendant filed a motion seeking leave to relocate with the child to Ithaca, New York. On the basis of certifications submitted on the motion, the court found that despite a de facto reduction of plaintiff's parenting time during the preceding year, the parties continued to share both legal and residential custody.*fn1 The court further found that plaintiff failed to establish circumstances warranting modification of the custody arrangement. Accordingly, on August 19, 2005, the court entered an order denying defendant's application to remove the child and providing that plaintiff would be assigned residential custody if defendant moved to Ithaca. Defendant proceeded with her plans to relocate.

On September 19, 2005, defendant moved for reconsideration. By order dated October 28, 2005, the court denied that application. The October 28, 2005 order resolved all issues presented on the post-judgment motions. Defendant did not appeal. She moved to New York, and the child remained with her father in New Jersey.

In March 2006 plaintiff filed an application for child support. Defendant filed a cross-motion seeking a schedule for her parenting time in New York and child support. The parties agreed to a schedule for parenting time, which the court incorporated in an order of March 24, 2006, with their consent. The court ordered defendant to pay child support in a total amount of $39 per week. Defendant filed her notice of appeal on April 17, 2006. In that notice, she indicated her intention to appeal from the orders of August 19 and October 28, 2005, as well the order of March 24, 2006.

The only arguments defendant presents on appeal are related to the August 19 and October 28, 2005 orders. She contends:

I. THE TRIAL COURT FAILED TO DETERMINE THE TYPE OF PARENTING ACTUALLY EXERCISED BY THE PARTIES.

II. THE TRIAL COURT ERRED BY FAILING TO MAKE A FINDING OF CHANGED CIRCUMSTANCE WARRANTING A BEST INTEREST ANALYSIS.

III. THE TRIAL COURT ERRED BY FAILING TO CONSIDER THE CHILD'S BEST INTEREST AND BY ...


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