Rule 5:9-1.Venue
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:9-1
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-R. (1969) 4:93-1 (a). Adopted December 20, 1983, to be effective December 31, 1983; amended July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
The default is administrative convenience: the action is brought, and venue laid, in the county where the plaintiff agency has its principal office in New Jersey.
An earlier case can override that. Where a parent obtained a divorce, dissolution of a civil union or termination of a domestic partnership from the other parent in the Superior Court, or where a prior Superior Court proceeding or order affected the child's custody, and that court had not already awarded custody of the child to an approved agency, the action is instituted in the Superior Court and venue is laid in the county where the earlier action was venued.
The point is to keep a child's history in one courthouse. A judge who has already dealt with this family's custody is better placed than one meeting them for the first time.
Frequently Asked Questions
Where is an agency termination of parental rights action filed?
In the county where the plaintiff agency has its principal office in New Jersey, unless an earlier Superior Court dissolution or custody proceeding involving the child directs otherwise.
What if there was already a divorce or custody case?
Where a parent was granted a divorce, dissolution or termination in the Superior Court, or a prior Superior Court proceeding or order affected the child's custody, and custody had not already been awarded to an approved agency, the action is brought in the Superior Court with venue in the same county as that earlier action.