LAVINE v. LANZA

Docket No. FV-05-209-12

57 A.3d 62 (2012)

429 N.J. Super. 164

Ashley LAVINE, Plaintiff, v. Robert LANZA, Defendant.

Superior Court of New Jersey, Chancery Division, Cape May County.

Approved for Publication September 21, 2012.


Attorney(s) appearing for the Case

Anthony J. Harvatt , for plaintiff.

Frederick A. Mick , for defendant (Cardwell & Mick, LLC, attorneys).


RAUH, J.S.C.

The issue presented is whether N.J.S.A. 2C:25-29(b)(3)(a), requiring a risk assessment when requested prior to the entry of an order for parenting time unless arbitrary or capricious, applies in the context of an application to modify a final restraining order that already provides for parenting time. The court concludes that given the facts presented in this case it does.

The parties are the parents of two year old girl. On September 3...

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