Enforcei Litigants Rights- what to do when orders are ignored

[awaitingjustice]

Stateis NJ, child resides in NJ I reside in TX

The recent order in this case states the following Plaintiffs application to require Defendant and the minor child of the marriage to attend counseling is GRANTED.  Defendant is hereby ordered to pay 75% of the cost of counseling and Plaintiff shall be responsible for the remaining 25%.

Defendant is the custodial parent, mom, and she has refused to take child to counseling. Each refusal is for a different reason.  About 8 weeks ago it was back to cost- she refuses to pay more than $25.00 for counseling.  In the end I made the appointment for our son and paid the counseling costs out of pocket so she would take him.

She agreed and did take him to one session.  She is refusing to take him to any other sessions.

At the time of the order I felt it was vague so I asked the court to clarify and in the judges return letter he states that the court intentionally did not set any time limits on the counseling as this was to be determined by the parents, who share joint legal custody.

The Defendant refuses to discuss any matters with me, refuses all certified mailings, hangs up and/or screams at me anytime I call.

Questions are
1) Do I continue to make counseling appointments for the child?

2) I intend to go back to court to Enforce Litigants Rights (3rd time now in 2 years) for this issue and 4 others, do I ask the court for reimbursement of the costs the Defendant was ordered to pay in the previous order? and if so how?

3) How do I ask the court to get our son counseling, as the current order is being disregarded?  And how do I get the court to get the Defendant to go to counseling- again it is in the above mentioned order but she reffuses to go as she says she needs no counseling.


This situation is highly volatile and despite the courts already awarding me compensatory time with our son, putting monetary sanctions on her for the costs incurred when she denied visitation last year, and the court ordering counseling the hostile and abusive behavior continues toward me and in front of our son- what more do I need to ask them for?

[socrateaser]

>Questions are
>1) Do I continue to make counseling appointments for the
>child?

I hope you're recording your phone conversations with the other parent's knowledge. If not, you need to start.

If you can afford it, I would pay all of the counseling bills and then seek reimbursement on either a contempt or enforcement motion, as you have previously done. However, in addition to reimbursement, I would ask for primary custody on the grounds that the other parent has shown by her actions that she will not act in the child's interests and she will frustrate your parental relationship. You may not get what you request, but then again, you may -- never can tell about what a judge will do when a party is thumbing her nose at the legal system.

>
>2) I intend to go back to court to Enforce Litigants Rights
>(3rd time now in 2 years) for this issue and 4 others, do I
>ask the court for reimbursement of the costs the Defendant was
>ordered to pay in the previous order? and if so how?

If you file a contempt motion, you can ask for community service or jail time, but I think that your goal should be to get custody, so an enforcement action is as good and the burden of proof much lower.

>
>3) How do I ask the court to get our son counseling, as the
>current order is being disregarded?  And how do I get the
>court to get the Defendant to go to counseling- again it is in
>the above mentioned order but she reffuses to go as she says
>she needs no counseling.

You're basically asking the same question over and over.

[awaitingjustice]

Can you explain what the difference is:

an enforcement action versus Enforce Litigants Rights (which I have been referring to as contempt)


Thanks-

[socrateaser]

>Can you explain what the difference is:
>
>an enforcement action versus Enforce Litigants Rights (which I
>have been referring to as contempt).

An enforcement action (however it may be styled in your jurisdiction), can be either:

1. a request that the court modify the current orders, because of the other party's acts or ommissions (standard civil order), or;

2. a request that the court sanction the other party for failing to act or forebear from action in accordance with existing orders (contempt).

Number 1 is a civil action that can result in further orders, such as an order to reimburse for out-of-pocket expenses, or to appoint a therapist, or to modify parenting/custody, or anything other remedial order. Such a hearing has a burden of proof of preponderance of evidence (anything greater than 50% proof), and neither party is entitled to any criminal protection of the Bill of Rights (proof beyond all reasonable doubt, right to remain silent, to refuse to testify, to appointed counsel, speedy trial, excessive fines, cruel and unusual punishment, etc.).

Number 2 is a criminal action that can result in punitive fines, imprisonment, community service and anything else possible in #1 above. The difference is that for #1, if the party ordered to act or forebear from action can satisfy the court's orders by those actions or forebearance, no further court action takes place. But, for #2, it no longer matters what the other party does or fails to do, because the objective of a contempt of court is to punish the defendant regardless of what they do in the future, and when this happens, the defendant is entitled to all of the protections of a criminal trial.

So, you can ask the court to modify the current orders as a remedy to the other parent's failures to adhere to prior orders, or you can ask the court to punish the other party for failing to adhere. The former is easier to get and easier to violate -- the latter is harder to get, and basically impossible to violate, because it will be backed up by either immediately taking the party into custody to serve time, or an order for some sanction, which if not satisfied, will result in a criminal arrest warrant issuing and, once again, the party will be taken into custody.

[awaitingjustice]

As always- Thank you!  

Have a great weekend!