Post by Jim on Jun 7, 2009 8:37:23 GMT -5
Submitted by Member and comment by DadsRites
This is not one of the 2 cases currently in the Appellate Division on parental alienation being a TORT cause of action.
When will the NJ courts decide that enough is enough when a mother willfully interferes with the father's and children's parenting time?
As we see in NJ, they never report these cases in the books. These are considered unreported cases that don't carry much weight.
It's a concerted effort by the NJ Family Bar Association to keep things status quo. In NY State there are hundreds of reported cases showing reversing custody to the fathers for parenting time interference and parental alienation.
The NJ family court judges, in league with the NJ Family Bar Association are causing fathers to meet an insurmountable burden in these parental interference cases, and allow and empower the continuation of parenting time interference by the custodial or primary parent--usually the mother. As evidenced in this article, the courts create an insurmountable obstacle and then keep "raising the bar" for the noncustodial or joint custodial father. Every time there's a problem, he has to keep documenting it, and filing enforcement applications every now and then. And, he runs the risk of having corrupt and biased NJ judges ruling against him, and then granting attorney's fees to the opposition--which empowers her to keep interfering with the father's parenting time.
The father has to literally "jump through hoops" of bringing enough evidence (which is never enough) to the courts, along with having to have a parenting coordinator and psychological examination--all which takes a significant amount of time and money. This scenario is the court system feeding the court lackeys and hangers-on (the mental health industry quacks) who need to make a fast buck. Yes, there are a few good experts who really care, but they are intimidated and threatened by the judges and connected family law attorneys.
Sooner or later this is all going to blow up in the face of the NJ family court industry.
NJ Family Legal Blog : New Jersey Divorce and Family Lawyer & Attorney : Fox Rothschild Law Firm : Domestic Violence, Prenuptial Agreements, Child CustodyPublished By
Fox Rothschild LLPPertinent information as it relates to New Jersey Family laws
POSSIBLE PARENTAL ALIENATION GIVEN SHORT SHRIFT BY APPELLATE DIVISION
Posted on June 5, 2009 by Eric S. Solotoff
POSSIBLE PARENTAL ALIENATION GIVEN SHORT SHRIFT BY APPELLATE DIVISION
We have previously blogged on the issue of whether a separate tort cause of action exists for parental alienation. At present there are at least two cases in the Appellate Division addressing this issue. In at least one of the cases, there is the direction that parental alienation should be dealt with in the family court, but not as a tort.
In an unreported Appellate Division decision dated June 5, 2009 entitled Cole v. Cole one of the issues raised in an application was parental alienation on the mother's part. Specifically, the father alleged hat the mother seeks to alienate the children from him. He made a number of general allegations that defendant was not abiding by the parenting schedule fixed by court order, including contentions that on multiple occasions defendant refused to allow court ordered parenting time or to permit the children to speak to him on the phone. In her responsive certification, the mother denied that she interferes with the father's. She stated that the children were "well, adjusted, healthy and normal, both physically and emotionally," although she did indicate problems with the children when they returned from defendant's home.
Source and full article:
njfamilylaw.foxrothschild.com/2009/06/articles/custody-1/possible-parental-alienation-given-short-shrift-by-appellate-division/
Fox Rothschild LLPPertinent information as it relates to New Jersey Family laws
POSSIBLE PARENTAL ALIENATION GIVEN SHORT SHRIFT BY APPELLATE DIVISION
Posted on June 5, 2009 by Eric S. Solotoff
POSSIBLE PARENTAL ALIENATION GIVEN SHORT SHRIFT BY APPELLATE DIVISION
We have previously blogged on the issue of whether a separate tort cause of action exists for parental alienation. At present there are at least two cases in the Appellate Division addressing this issue. In at least one of the cases, there is the direction that parental alienation should be dealt with in the family court, but not as a tort.
In an unreported Appellate Division decision dated June 5, 2009 entitled Cole v. Cole one of the issues raised in an application was parental alienation on the mother's part. Specifically, the father alleged hat the mother seeks to alienate the children from him. He made a number of general allegations that defendant was not abiding by the parenting schedule fixed by court order, including contentions that on multiple occasions defendant refused to allow court ordered parenting time or to permit the children to speak to him on the phone. In her responsive certification, the mother denied that she interferes with the father's. She stated that the children were "well, adjusted, healthy and normal, both physically and emotionally," although she did indicate problems with the children when they returned from defendant's home.
Source and full article:
njfamilylaw.foxrothschild.com/2009/06/articles/custody-1/possible-parental-alienation-given-short-shrift-by-appellate-division/
This is not one of the 2 cases currently in the Appellate Division on parental alienation being a TORT cause of action.
When will the NJ courts decide that enough is enough when a mother willfully interferes with the father's and children's parenting time?
As we see in NJ, they never report these cases in the books. These are considered unreported cases that don't carry much weight.
It's a concerted effort by the NJ Family Bar Association to keep things status quo. In NY State there are hundreds of reported cases showing reversing custody to the fathers for parenting time interference and parental alienation.
The NJ family court judges, in league with the NJ Family Bar Association are causing fathers to meet an insurmountable burden in these parental interference cases, and allow and empower the continuation of parenting time interference by the custodial or primary parent--usually the mother. As evidenced in this article, the courts create an insurmountable obstacle and then keep "raising the bar" for the noncustodial or joint custodial father. Every time there's a problem, he has to keep documenting it, and filing enforcement applications every now and then. And, he runs the risk of having corrupt and biased NJ judges ruling against him, and then granting attorney's fees to the opposition--which empowers her to keep interfering with the father's parenting time.
The father has to literally "jump through hoops" of bringing enough evidence (which is never enough) to the courts, along with having to have a parenting coordinator and psychological examination--all which takes a significant amount of time and money. This scenario is the court system feeding the court lackeys and hangers-on (the mental health industry quacks) who need to make a fast buck. Yes, there are a few good experts who really care, but they are intimidated and threatened by the judges and connected family law attorneys.
Sooner or later this is all going to blow up in the face of the NJ family court industry.
