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A.F. v. D.L.P.

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 30, 2001

This is an appeal from an order denying visitation to one who claims that right as a psychological parent pursuant to V.C. v. M.J.B., 163 N.J. 200 (2000). Plaintiff, the former romantic partner of defendant, brought a complaint seeking visitation with defendant’s adopted child. Defendant moved to dismiss the complaint for lack of standing, disputing plaintiff’s claim to the status of a psychological parent to defendant’s child. The Family Part Judge considered the numerous certifications filed by and on behalf of each party, denied plaintiff’s application for appointment of an expert to perform a bonding evaluation and for a plenary hearing, and issued a written decision dismissing plaintiff’s complaint “entirely based on the issue of standing.” We view the order appealed from as one, in effect, granting summary judgment pursuant to R. 4:46-2(c), and we review that judgment under the standard prescribed by Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995).

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