HAVE LITIGANT’S LOST CONFIDENCE IN THE SYSTEM? | NJ Family Legal Blog

Is there a crisis in the courthouse?  Have backlogs, delays, deferrals and/or the downright refusal to actually decide things created a lack of confidence?

Has the system turned in to one of costly busy work, trials and/or decisions don’t come?  If you do get a trial date – as elusive and mystical as Big Foot – will you get another one in the same season, much less week or month?  If you actually complete a trial, will anyone remember what it was about when the decision comes, 6 months, a year or longer, after the trial was completed.  More importantly, is there anything left to fight about by then? Troublesome, if not scary things are going on out there.

  • We have a case that has been going on for more than 4 years and has been touched by no less than 6 or 7 judges.  Numerous “fake” trial dates had been scheduled but none in months.  In fact, we recently got an Early Settlement Panel notice 4 years into the case and have been ordered to get the custody evaluations updated which will delay the case by a year.  In fact, it has gone on so long that 2 of the children have already aged out of the custody dispute.
  • Because a case is going to eventually be scheduled for a settlement conference with the trial judge, the motion judge decided to neither really substantively decide a motion or refer the matter to DCPP as she said was appropriate.
  • A temporary suppport motion filed in June and argued in August still not decided by December, such that a second motion had to be filed in which the first request for relief was to decide the first motion (all the while, the wife was getting no support.
  • While a motion was pending, before anyone read it to determine if it was ripe for mediation (and most of it was not because it was enforcement), it was referred to mediation that was doomed to failure.
  • On a motion to determine the validity and enforceability of a marital settlement agreement that the parties had lived under for several years, a referal to mediation because the agreement had a mediation clause (begging the ultimate question – don’t you have to find the agreement enforceable before your can enforce the mediation clause?
  • Rampant referrals to parent coordinators for things that cannot go to them (enforcement) or cases that cannot be there (because of domestic violence restraining orders).
  • The refusal to decide enforcement motions, instead appointing experts, or GALs, or parenting coordinators, to investigate and make recommendations – delaying adjudication, and in some cases, parenting time, for months and months.
  • Rampant delay in both the hearing and/or the deciding of motions.
  • Being forced to come to court for multiple ESPs and/or intensive settlement conferences, or blue ribbon panels.  In fact, I was recently a blue ribbon panelist for a case that had been to several ESPs, Blue Ribbon panels and at least 2 mediations.  I asked why/how, my opinion (possibly close to the 10th they had received) could be any more helpful than the prior nine. Was this justice or a war of attrition?
  • The refusal to actually enforce Orders or impose sanctions, especially with custody and parenting time violations, even where the facts are largely not in dispute.
  • An attitude that both litigants should be punished, or unhappy with a decision, because someone felt they had to bring the issue to the court.  A pox on both your houses, so to speak.

Vindicate The Violated - 2015

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Narcissism and Parental Alienation Syndrome | The Recovery Expert

It is beneficial for therapists, those in the law profession, and individuals involved with the children of narcissistic clients or partners to be aware of a concept known as parental alienation syndrome, how it is created, and what to do about it.  In a normal attachment relationship, people are not interchangeable because each person is valuable in and of him or herself.

Stop Emotional Child Abuse Parental Alienation - 2015However, this is not true for a narcissist.  Narcissists have very shallow relationships in which people are interchangeable.  One clue for a therapist to take note of when doing family therapy or parent/child conflict therapy is if the child has “interchanged” parents.  If a therapist notices that a child is not connecting with a nurturing parent, but instead is calling him or her by their first name, then something is amiss in the attachment system.

Basically, children do not reject parents.  Under relatively healthy conditions, no matter what a parent does, children do not reject them.  When you find a child rejecting a parent then you are witnessing an inauthentic attachment system.

Children are motivated to bond with parents.  Even in a conflictual parent-child relationship, the child is still motivated to bond with the parent.  This is a typical attachment experience between a parent and child.  In parental alienation, we see detachment behavior, not attachment behavior.

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INTERFERING WITH A NONCUSTODIAL PARENT IS GROUNDS FOR MODIFICATION OF CHILD CUSTODY

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http://iloveandneedmydaughter.blogspot.com/2011/10/who-is-she.html

INTERFERENCE WITH PARENTAL RIGHTS OF NONCUSTODIAL PARENT AS GROUNDS FOR MODIFICATION OF CHILD CUSTODY

Edward B. Borris, Assistant Editor, Divorce Litigation

Interference by one parent in the relationship of a child and the other parent is almost never in the child’s best interests. In fact, in extreme cases, actions by one parent to alienate the affections of the child from the other parent, to interfere win the other parent’s visitation rights, or to remove the child to a distant state or country can often lead to liability in tort. See generally E. Borris, “Torts Arising Out of Interference with Custody and Visitation,” 7 Divorce Litigation 192 (1995). Tort liability is not always an option, however, as many courts refuse to award damages based upon interference with visitation rights. E.g., Cosner v. Ridinger, 882 P.2d 1243 (Wyo.1994).

Florida Election Topic 2015

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Why won’t the Judge let me see my Daddy

I Love You Zoey - 2016

Can a Custodial Parent Ever Deny Visitation?

Visitation rights are taken seriously by courts, as it is generally felt that it is in the best interest of the child to spend time with both parents. Because of the importance that courts place on the child’s best interest when determining custody arrangements, child visitation rights can rarely, if ever be legally denied by the custodial parent.Project Fatherhood FL 6- 2015

The denial of child visitation rights are most commonly thought of as situations in which a custodial parent blatantly refuses to allow the non-custodial parent to see the child. A typical example of this scenario would be when the custodial parent, who has full custody of the son, refuses to let the son get into his other parent’s car when arrangements were made to come to pick him up for his visitation period. However, visitation rights can also be illegally denied in more subtle ways.2015-02-05 22.40.38

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Facebook.com/StandupforZoraya

For example, it is also illegal for a custodial parent to refuse visitation rights on the basis that they don’t like the non-custodial parent’s significant other; the child is sick; the child is visiting relatives; the child is out of town or at another scheduled activity; or for almost any other basis. Further, in cases where there is an emergency just before a scheduled visitation, such as when the child must be taken to the hospital, the noncustodial parent should be notified so that they may visit the child there.

Can visitation be denied to a non-custodial parents?

A denial of visitation rights by the custodial parent to a non-custodial parent, absent a change in an existing court order for visitation rights, is illegal. This is true both in situations in which the parents have agreed on a parenting plan outside of court, and in situations in which scheduled visitation has been ordered by the court. The legal phrase for this scenario is called frustration of child visitation rights, and in many states this can be cause to change the court-ordered child custody arrangement and hold the custodial parent in contempt of court.

What if the Non-Custodial Parent is Behind on Support Payments?

No you can't see your daughter - 2016

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Unlawfully Victimized by American “Family Court” System.

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Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander — Executive Director, Redress, Inc.

Redress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights.

Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other.

We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve.

IT’S A HUGE TASK!

Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other – help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law.votefamily-2015VoteFamily.US

We are a coalition of ordinary Florida citizens from all walks of life very concerned with the safety and well-being of our children and families. We believe that we must unite to defend our families for their is great power in unity:

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