Frivolous litigation

[AggrevatedbyX]

NJ but filed in PA

My husband’s ex-wife filed a petition to move their 10-year old son to Florida on March 17, 2008. My husband counter-filed to not have his son move and for primary custody since she said that she would loose her job if she did not relocate. Through a long-drawn out summer, we found out (by their son) on September 2, 2008 that she had lost her employment position on August 15, 2008. We were scheduled to appear in court on September 10, 2008 to get a decision on the move, which our lawyer and her lawyer attended. She still never notified us that she was not moving. We received a letter from her attorney dated September 5, 2008, stating that since “we” delayed the process, she lost her employment position on AUGUST 15th. It was originally filed that she was supposed to take the employment position by September or loose her job.

My question is can we get reimbursed for all the legal fees incurred from August 15, 2008, when his ex-wife clearly knew that she was not moving and never notified us, our lawyer or the court? Would this be considered frivolous litigation?

Thank you!

 

[Gracie3787]

NJ but filed in PA

My husband’s ex-wife filed a petition to move their 10-year old son to Florida on March 17, 2008. My husband counter-filed to not have his son move and for primary custody since she said that she would loose her job if she did not relocate. Through a long-drawn out summer, we found out (by their son) on September 2, 2008 that she had lost her employment position on August 15, 2008. We were scheduled to appear in court on September 10, 2008 to get a decision on the move, which our lawyer and her lawyer attended. She still never notified us that she was not moving. We received a letter from her attorney dated September 5, 2008, stating that since “we” delayed the process, she lost her employment position on AUGUST 15th. It was originally filed that she was supposed to take the employment position by September or loose her job.

My question is can we get reimbursed for all the legal fees incurred from August 15, 2008, when his ex-wife clearly knew that she was not moving and never notified us, our lawyer or the court? Would this be considered frivolous litigation?

Thank you!

Your husband can certainly request the fees. Alot will depend on exactly why it took so long to get into court for a final hearing. If all that has been filed by either party is the ex's request to move, and your husband's answer to that request, he might not be able to be reimbursed. Same if husband filed more motions after filing the response. However, if his ex filed other motions, he might have a good case for fees. He should speak to his attorney about it though.

 

[LdiJ]

NJ but filed in PA

My husband’s ex-wife filed a petition to move their 10-year old son to Florida on March 17, 2008. My husband counter-filed to not have his son move and for primary custody since she said that she would loose her job if she did not relocate. Through a long-drawn out summer, we found out (by their son) on September 2, 2008 that she had lost her employment position on August 15, 2008. We were scheduled to appear in court on September 10, 2008 to get a decision on the move, which our lawyer and her lawyer attended. She still never notified us that she was not moving. We received a letter from her attorney dated September 5, 2008, stating that since “we” delayed the process, she lost her employment position on AUGUST 15th. It was originally filed that she was supposed to take the employment position by September or loose her job.

My question is can we get reimbursed for all the legal fees incurred from August 15, 2008, when his ex-wife clearly knew that she was not moving and never notified us, our lawyer or the court? Would this be considered frivolous litigation?

Thank you!

No, you really cannot. It probably took her a few days to get her attorney notified that she had lost the job, and then it probably just took her attorney until 9/5 to get the letter written. She may also have tried to get a second chance from her employer.

Think about it? Your husband's son didn't tell him until 9/2 that she had lost her job, just a few days before the attorney's letter was written.

Also, if someone files a petition for permission to move in March, and a hearing doesn't get scheduled until September, then SOMEBODY delayed the process, and I sincerely doubt that it was mom.

 

[AggrevatedbyX]

We filed the request not to move immediately after receiving the petition. We complied to all the orders of "classes" and mediation as directed by the courts. We certainly did not delay any process and in fact were told by our attorney that her attorney did not file the case properly so that it would be heard by Sept. 1. In the middle of August, my husband asked his ex directly if she was still planning on moving since we hadn't heard anything from the court or lawyers and we knew that the school year in FL started on August 18th.

Either outcome, my husband just wanted what was best for his son and felt that him moving 1,000 miles away with no family, support system, etc. was not in his best interest. All of his ex-wife's family and all of our family are in PA and NJ. We have had his son every weekend, Holiday and extended weekends for the past 4 years, so it is not like he never saw his son.

So when you say it wasn't "mom who delayed it" you are wrong, it was her and her attorney who delayed the process. Just remember, the mother isn't always the best parent just because she gave birth.

 

[LdiJ]

We filed the request not to move immediately after receiving the petition. We complied to all the orders of "classes" and mediation as directed by the courts. We certainly did not delay any process and in fact were told by our attorney that her attorney did not file the case properly so that it would be heard by Sept. 1. In the middle of August, my husband asked his ex directly if she was still planning on moving since we hadn't heard anything from the court or lawyers and we knew that the school year in FL started on August 18th.

Either outcome, my husband just wanted what was best for his son and felt that him moving 1,000 miles away with no family, support system, etc. was not in his best interest. All of his ex-wife's family and all of our family are in PA and NJ. We have had his son every weekend, Holiday and extended weekends for the past 4 years, so it is not like he never saw his son.

So when you say it wasn't "mom who delayed it" you are wrong, it was her and her attorney who delayed the process. Just remember, the mother isn't always the best parent just because she gave birth.

Sorry, but I don't buy that. She needed to move to keep a job. There was no motivation for her to delay anything. Its possible she had a lazy/overworked attorney who didn't do things as speedily as he/she should have, but mom had no motivation to delay anything. Delays did not benefit her, they hurt her.

I also made no comment whatsoever about who or what gender was the better parent. My comments had solely to do with the situation...and that had nothing to do with gender. Your husband had a better than decent chance of winning the case if it had gone to trial.

My point was simply that its unlikely that your husband could claim any legal fees at this point. There was no real "delay" in your husband being notified that mom had lost her job and was no longer interested in moving.

 

[mommy22008]

i know what this kind of woman is

Actually you can file a frivolous motion, hell you can file anything you want. I live in Ca, and i deal with the ex from hell. And to the other person who was writing you back about how she doesnt "buy" that, LOL She has NO CLUE. It sounds like she has never dealt with women who walk in to court thinking that they are smarter then everyone else and they can do whatever they want. She should have NEVER written you. But yes you can file a motion.