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Can I file an emergency motion in order to continue maintaining my parenting time?

Denville, NJ |

Fd, joint custody. I used to have an specific parenting time from tuesday 7AM to 7;30AM and wed from 11AM to 7:30PM for almost 2 years. Now my son is assiting to preschool. Mother filed a motion to decrease my visitis but judged DENIED it. However the court clerk wrote an order but really vague. saying on tuesday I drop my son off at 8AM at the daycare and on wed child continue his visitis with his Grandmother. he left hour specific time etc. Now mother and her lawyer are trying to take hours away from me etc. I already filed a motion to clarify. However lawyer is telling me meanwhile I should not see him on mondays etc. can I file an emergency file to continue seeing my son as before. Do I have enough basis? Mom will continue postponing court date and can take 2 months to fix this mess.

Attorney Answers 5


  1. Best answer

    It's not clear if you have an attorney, or if it's her attorney telling you to not see your son. If it's your attorney, you need to listen and ask questions of that attorney. No one here wants to step into that relationship between him and you. On the other hand, her attorney, you don't have to listen to, but you need to get your own. The best advice we can give is to get an attorney to start fighting for you. You're at a significant disadvantage right now, it's easy to see.


  2. You should retain counsel and file a motion.

    CALL US AT 855-578-0449 TO ARRANGE FOR A CONSULTATION IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 1415 Queen Anne Road, Suite 206, Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  3. I understand your frustration regarding this issue. However, based on my experience with Orders To Show Cause (emergent applications), I don't believe your situation is truly emergent. You have presented no facts supporting a finding of a true emergency. You can file a regular motion.

    609-271-3573. This answer is for informational purposes only and should not be construed as legal advice.


  4. Yes, as the others said, of course you should consult with counsel if possible -- I'm assuming you're not able to afford it and thus posting your issue here. I respectfully disagree with the other answers provided.

    You need to get to the courthouse and order a transcript of the proceedings on an emergent basis. They can be completed within 24 hours. How much it will cost depends on how long the proceedings lasted in court, anywhere from $60 to $500 ... depends on how long you were on the record.

    What the judge said in court is what "controls" -- if there is a difference between it and what is contained in an order, what is spoken governs ("the announcement of a decision is the judicial act, the drafting of an order a ministerial act.")

    After you have the transcript, you need to draft up an order that accurately reflects what was decided. Copy the format of the order you have, preferably do it on a word processor, and put "corrective order" where it now says "order." Then write a letter to the judge citing where each provision in the order aligns with a page and line number in the transcript (for example, "Father shall continue to have parenting time on Mondays and Wednesdays", "Page 12 Line 22 - Page 13 Line 10"). Attach a copy of the transcript.

    Point out in the letter that you are respectfully requesting that a clerical error in the order be addressed pursuant to Rule 1:13-1 and that it be done as soon as the court is able as you are being denied parenting time as a result of the error.

    Don't hound them, put I would call the judge's chambers after you deliver the letter, proposed corrective order, and transcript to ensure it was received.

    I also strongly suggest getting in touch with a noncustodial parents' support group like www.facenj.org .

    Here's the transcript request form you need: http://www.judiciary.state.nj.us/appdiv/forms/10504_transcript_req_prose.pdf . Here's information on the rates / cost: http://www.judiciary.state.nj.us/appdiv/forms/10199_transcript_fees.pdf (this is old, rates have gone up. They will require a deposit - sometimes they'll take a credit card number, other times they need a check).

    RULE 1:13. Miscellaneous Rules As To Procedure
    1:13-1. Clerical Mistakes
    Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at any time be corrected by the court on its own initiative or on the motion of any party, and on such notice and terms as the court directs, notwithstanding the pendency of an appeal.
    http://www.judiciary.state.nj.us/rules/r1-13.htm

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.


  5. It sounds like your parenting time should continue as before. If she denies it, file a motion to enforce litigant's rights. Don't let them bully you.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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