Rule 5:2-1.Venue, Where Laid

Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:2-1 lays venue for family actions by reference to the general venue rules, then carves out support and parentage cases under UIFSA, child welfare and custody cases under the UCCJEA, and five other categories that follow their own rules.

Full Text of Rule 5:2-1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

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:4-30.125.

(2) In a proceeding to establish or enforce a support order or to determine parentage, personal jurisdiction over nonresident individuals shall be governed by N.J.S.A. 2A:4-30.129.

(3) The jurisdictional basis for the establishment of a support order shall be governed by N.J.S.A. 2A:4-30.132.

(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:4-30.133.

(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:4-30.134 and 2A:4-30.135.

(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.

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 (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; subparagraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) amended July 28, 2017 to be effective September 1, 2017.

Plain-English Summary

The opening sentence points to the criminal and civil venue rules, and everything after it is an exception.

Support and parentage cases follow the Uniform Interstate Family Support Act. Where New Jersey is the child's home state, venue lies in the county where the child is domiciled. The rule then hands four related questions to statute: personal jurisdiction over nonresidents, the jurisdictional basis for establishing a support order, continuing exclusive jurisdiction and modification of another state's order, and which of several competing orders controls.

Cases about a child's welfare, custody, protection or status follow the Uniform Child Custody Jurisdiction and Enforcement Act, with venue in the county where the child was last domiciled if New Jersey is the home state — and the rule preserves New Jersey's power to take temporary emergency jurisdiction. Both carve-outs step aside when the issue is joined with a claim for divorce, dissolution of a civil union, termination of a domestic partnership, or nullity. The remaining paragraphs send dissolution, adoption, termination of parental rights, delinquency and kinship legal guardianship actions to their own venue rules.

Frequently Asked Questions

Where is venue for a standalone child support case?

Under UIFSA, in the New Jersey county where the child is domiciled, if New Jersey is the child's home state. The carve-out does not apply when support is joined with a divorce, dissolution, termination or nullity claim.

Where is venue in a custody case?

Under the UCCJEA, in the county where the child was last domiciled if New Jersey is the home state. New Jersey may still exercise temporary emergency jurisdiction.

Where is venue for a divorce?

Rule 5:2-1(c) sends divorce, dissolution of civil union, termination of domestic partnership and nullity actions to Rule 5:7-1.

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. 5:2-1). 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: venuewhere to fileUIFSA venueUCCJEA venuehome state