How can you get the courts to stop allowing a non-compliant parent to pull you back into court for "Just Cause" hearings over and over?
What do you mean by non-compliant? Seems like if some one is not complying, they would not want to go to court. I don't think you can make the courts stop them but you can start petitioning for them to pay your attorney fees. Document, document, document everything, go in prepared every time, make sure you are doing all of the right things. Save every correspondence. All you can do is wear them down until they give up. Lawyers love custody because the money never stops rolling in.
The good side of courts/judges that allow people to keep coming back is that they aren't like one judge I know of, who talked at legal conferences/dinners/etc. about how he favored getting all custody cases over quickly (by six months) and not having people keep coming back, and effectively "turning the courts into parents". He was also a judge who said, "We have to take back control" (when it comes to custody and children and families).
This is the kind of "all knowing" attitude that means when judges, lawyers, and courts screw up some judges aren't real open to re-visiting their own earlier screw-ups.
I think, as long as people are divorced and with children under 18, they may just need to do their best to do what's right, but know there's always the chance some issue will be raised. It's not great; but, hopefully, if the custodial parent is actually the best parent (and keeps doing what's right), children won't be uprooted for no good reason. "Best parent" really isn't as subjective a thing as courts are, at least for now, required to assert. The alternative to allowing things to be brought back up in court is too damaging to too many people.
by Mom Kat 8 years ago
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