RULE 5:2. Venue

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:4-30.65.

    • (2) In a proceeding to establish, enforce, or modify a support order or to determine parentage, personal jurisdiction over nonresident individuals shall be governed by N.J.S.A. 2A:4-30.68 and 2A:4-30.69.

    • (3) The jurisdictional basis for the establishment of a support order shall be governed by N.J.S.A. 2A:4-30.71.

    • (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:4-30.72.

    • (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:4-30.74 and 2A:4-30.75.

  • (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.

5:2-2. Change of Venue

Change of venue in family actions shall be governed, as applicable, by R. 3:14-2 (criminal actions), R. 4:3-3 (civil actions) and R. 5:19-1 (juvenile delinquency actions).

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983.
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