Sunday, January 24, 2016
Anthony C. Major v. Julie Maguire (A-110-13
Plaintiffs, who commenced an action under the statute, alleged in detail their involvement in their granddaughter’s life from birth and contended that their alienation from the child will cause her harm. Based on these allegations, plaintiffs established a prima facie showing of harm to the child at the pleading stage, as required by Moriarty v. Bradt, 177 N.J. 84 (2003), cert. denied, 540 U.S. 1177 (2004). The trial court should have denied defendant’s motion to dismiss and given plaintiffs the opportunity to satisfy their burden of proving harm. Procedural guidelines are now established for proceedings under the statute.