SPARC Forums

Hi All!

On August 10th we had our court hearing reguarding my husband's ex's refusal to stop interfearing with my husbands parenting time.  The hearing went better than we expected.  We have no attorney and my husband had to represent himself.  Opposing counsel tried to dismiss the motion for custody, but the judge overruled it stating that he believed that parental intereference with parenting time was indeed occurring. The judge made it quite clear to both parties that if my husband's ex continued interfering with parenting time that he could certainly change primary residental custody to my husband and "See if Dad can do a better job of appropriately handling the parenting time". The judge also mentioned assigning a case manager to help resolve their disputes over the parenting time issues.  The judge is giving my husband and his ex 30 days to come up with an appropriate and fair parenting plan and told my husband's ex that exchanges were to begin again by this weekend so that parenting time continues.  He continued the case until mid September, with another hearing scheduled at that time.  The judge told my husband's ex that if parenting time does not occur during this time or if they cannot agree on a parenting plan that a case manager would be assigned and that that case manager has the authority from the court to change custody to my husband.

My question is how many of you have had a case manager and what was your experience with them?  Were they unbiased and did what was best for your child or did they tend to take sides?  We actually like the idea of having a case manager but have concerns about a third party advocate making permanent decisions reguarding custody and other related issues to my husband's son. What are your comments and thoughts??      

As far as I know, I am the only person on the board that has gone through this to the extreme your judge will order.

Our case mgr was assigned approx 6 years ago... although initially expensive, no more so than an attorney, and if you have a good case mgr, (our judge picked ours out), things will go MUCH smoother after his/her appointment.  

Our case mgr is our judge, jury, and sometimes, executioner (supposed to be funny, but is true).

Our case mgr worked very hard with both parties to do what worked for each parent, and the child.  

After being ncp for 12 years, we are now cp.  This is also thanks to our case mgr who believed that not only did the child wish to move, but it was best for the child for other reasons.  

Email me if you would like more info... I can't suggest a case mgr to oversee cases like this enough.  If the judge gives them the decision making responsibility, that HELPS ALOT!  We have not been back to court since!

Hi!

Thank you for your message.  I'll keep you posted.

A case managere in your state is often called other things in other states. In Minnesota and Wisconsin, it is called a parenting time expeditor.  It simply shifts the burden to the poerson who does not agree with the expeditor's decision to file a Motion with the Court to change that result.

The problem is training. Parenting time expeditors are usually psychologists. If case managers are not and are poorly trained, there could be a challenge to the constitutionality of the judge's order.  He is essentially delegating a judicial function.

Nonetheless, you should view this as a shot across the bow of the other parent to be have "or else." You have created a good record if the interfernece continues.