DYFS V. J.D. AND J.B. I/M/O GUARDIANSHIP OF J.B., J.D. AND J.D.
A-1163-09T4 11-22-10
In this procedurally unique matter, we examine the trial court's application of the Supreme Court's holding in New Jersey Division of Youth & Family Services v. G.M., 198 N.J. 382 (2009). For reasons other than those determined by the trial judge, we affirm the order granting custody of the child to the non-offending parent after removal.
In our discussion, we concluded the Family Part erred in reopening the litigation sua sponte following publication of our opinion New Jersey Division of Youth & Family Services v. G.M., 398 N.J. Super. 21 (App. Div. 2008). Because the offending parent had not appealed or otherwise challenged the ordergranting custody, the court lacked authority to unilaterally revisit its determination.
In the course of the reopened proceeding, the Supreme Court's G.M. opinion was issued. The trial judge's decision to ignore the precedent under the "law of the case" doctrine was error.
