Family Judge’s Ban on Filing of Motions Abused Discretion, Appeals Court SaysFebruary 8, 2010 – In The News
In the case Parish v. Parish, an Appellate Division found error in restricting a party’s right to file motions absent a finding of vexations litigation. The appeals court ruled that the restrictions violated due process. This finding came as a result of a Family Part judge dismissing the merits of a motion to enforce compliance with court-ordered parenting time, and instructed the parties to bring their dispute to a parenting coordinator.
Eric Solotoff, who represented William Parish, said, “The majority stated quite accurately that by requiring the settlement conference you’re only delaying adjudicating something which is not going to be settled anyway.” He called the ruling, “a cautionary tale about abdicating responsibility to parental coordinators.”