Last amended September 1, 2018 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:1-2 lists what belongs in the Family Part: family actions generally, juvenile delinquency, and a narrow set of criminal and quasi-criminal matters that grow out of a family relationship.
The following actions shall be cognizable in the Family Part:
(a)Family Actions Generally. All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Such actions shall include all actions and proceedings referenced in Chapters II and III of Part V, unless otherwise provided in Rule 4:3-1(a)(4); all actions and proceedings formerly designated as matrimonial actions; actions that arise under the Domestic Partnership Act, N.J.S.A. 26:8A-1 et seq.; actions arising under N.J.S.A. 37:1-28 et seq. relating to civil unions; and all actions and proceedings formerly cognizable in the Juvenile and Domestic Relations Court.
(1)Criminal actions brought pursuant to N.J.S. 2C:24-5 (willful nonsupport) shall be prosecuted in the Family Part subject to transfer to the Law Division pursuant to R. 3:1-5(b) in the event the defendant is entitled to and demands trial by jury.
(2)All other indictable offenses pending in the Law Division may be transferred to the Family Part for trial and disposition pursuant to R. 3:1-5 provided that (A) the gravamen of the offense charged arises out of a family or a family-type relationship between the defendant and a victim, (B) the defendant has waived trial by jury pursuant to R. 1:8-1, (C) the defendant and the prosecutor have both consented to such transfer.
(3)Any non-indictable offense or violation pending in the municipal court and any indictable offense within the trial jurisdiction of the municipal court may be transferred for trial and disposition to the Family Part pursuant to R. 5:1-3(b) provided that the gravamen of the offense or violation arises out of a family or family-type relationship between the defendant and a victim.
End
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (c)(1) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraph (a) caption and text amended July 27, 2018 to be effective September 1, 2018.
Plain-English Summary
The test in paragraph (a) is relational, not subject-matter. An action belongs in the Family Part when its principal claim is unique to and arises out of a family or family-type relationship. The rule names palimony actions expressly, along with everything referenced in Chapters II and III of Part V, the old matrimonial actions, domestic partnership and civil union matters, and anything once heard in the Juvenile and Domestic Relations Court.
Criminal work reaches the Family Part only on the terms in paragraph (c). A willful nonsupport prosecution starts there but moves to the Law Division if the defendant is entitled to a jury and demands one. Other indictable offenses can be transferred in only when three things line up: the offense grows out of a family or family-type relationship, the defendant has waived a jury, and both the defendant and the prosecutor consent. Municipal court matters transfer on the same relational test.
The consent requirement is the practical limit. Without the prosecutor's agreement, an indictable charge stays where it is.
Frequently Asked Questions
Are palimony claims heard in the Family Part?
Yes. Rule 5:1-2(a) names palimony actions among the claims that are unique to and arise out of a family or family-type relationship, and directs that they be filed and heard in the Chancery Division, Family Part.
Can a criminal charge be tried in the Family Part?
Only in limited circumstances. A willful nonsupport prosecution begins there. Another indictable offense may be transferred in if the offense arises out of a family or family-type relationship, the defendant has waived trial by jury, and the defendant and prosecutor both consent.
What happens if a nonsupport defendant demands a jury?
The case is subject to transfer to the Law Division. Rule 5:1-2(c)(1) makes the Family Part prosecution subject to transfer where the defendant is entitled to and demands a trial by jury.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:1-2). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:what cases go to family courtfamily part jurisdictioncognizable actionspalimonywillful nonsupport