court order Archives - Koslow Law Firm

What Is Parental Alienation and Why It Hurts Everyone

November 10, 2016 By Evan Koslow

Parental alienation is perhaps the worst experience any family can go through while also going through a divorce or separation. Parental Alienation is defined as one parent turning a child or children against the other parent through disparaging remarks and sometimes keeping the child away from the other parent for no reason. As a matter of fact, parental alienation puts a child’s well-being at risk as they bear the agony of choosing between fighting parents. Maryland Court Judges understand and easily recognize when a parent is “alienating” the other parent from the children. Because parental alienation is not diagnosed as a mental disorder, Maryland courts do not consider expert testimony in order to label a situation as parental alienation, rather they do accept expert testimony on the negative effect on a child who is prevented from having access to a parent without proper justification.

The term alienation, which is commonly thrown around in a high conflict divorce, is frequently misunderstood and misused. At its core, alienation is about a child’s behavior, not about a parent’s behavior, and it involves a profound change in a child’s reaction to a previously loved parent. This reaction typically occurs in the context of an acrimonious divorce in which the child has been exposed to a great deal of anger and conflict and suddenly begins to reject one parent and become intensely aligned with the other parent. The child’s anger at the parent is not based on the reality of what has actually happened between the parent and the child, despite what they may claim. In the most severe cases of alienation, the relationships in the family become completely polarized. There is a good, loved parent and a bad, hated parent. The child has lost the freedom to love both parents.

Now that I’ve explained examples of what is alienation, it’s equally important for me to explain examples of what ISN’T alienation. Hostility, denigration, and other expressions of anger by one parent toward the other during a high conflict divorce is common. Parents in these cases frequently attack one another and say nasty and vindictive things. Accusations of alienation quickly follow. However, while this behavior is far from optimal, it is not alienation. Alienation is about the disturbed behavior of a child and the transformation of the parent-child relationship. When a child rejects and refuses contact with a parent, THIS is alienation. When a parent becomes hostile and attacking, it is bad behavior but not alienation. This is one of the most critical concepts to distinguish.

There are times when children reject a parent for good reasons, such as when the parent has been violent, abusive, or neglectful or has demonstrated other parenting deficiencies. In these cases the child’s rejection of the parent does not reflect unreasonable or unfounded anger toward a previously loved parent. Rather, the rejection is a healthy response to the parent’s damaging behavior.

Early identification is absolutely necessary in every family. Time is of the essence and delays in identifying alienated children, or those at risk, reduces the likelihood of successful intervention. A child’s refusal to visit or the suspension of visits is a “red flag,” particularly if the parent and child previously did things together before the separation and if there are no clear indications of realistic estrangement. Careful inquiry and prompt intervention is crucial.

Attorneys with an alienation case should move early in the case for orders which insure that contact between the rejected parent and the child continues.

If you find yourself in a situation of either needing to prevent a parent from having access to your child and/or you are unjustly being prevented from seeing your child, you should speak to an attorney ASAP to ensure that not only your rights as a parent are protected, but that the best possible outcome for your child is met, sooner rather than later.

What Happens If You Violate A Court Order?

October 19, 2016 By Evan Koslow

If your or your ex violated a provision in your court order (or an agreement that was incorporated into a court order) after attempting to address and resolve the issue with the other side, if the issue has not been resolved, the grieved party can file what the court calls a Petition for Contempt against the other party.

Unlike in other court proceedings where there is an exchange of documents and information prior to the court hearing (discovery process) to allow the parties to either discuss settlement or properly prepare for the hearing, there is no discovery process in a contempt proceeding. The party prosecuting the contempt never gets to see or hear about them until the case is called. For this reason, the cost of preparing a contempt hearing is always unnecessarily high because the person prosecuting the case has to conjure what the defenses might be.

The party who filed the contempt has the burden to prove that the other party willfully violated the court order or agreement. After the Petition for Contempt is filed with the court, a 1-2 hour hearing is scheduled 3 months later. You still have to serve the other side with what is called a Show Cause Order (instead of the Summons) and there is a short window to serve the other side, otherwise you will need to obtain a new Show Cause Order and a new hearing date.

If one or both parties files a Petition to Modify a court order may be consolidated at the discretion of the court and heard along with the Petition for Contempt.

Following the Contempt Hearing, the Judge has few alternatives:

• The Judge can find that the accused was not in Contempt;
• The Judge can find that the accused was in Contempt but does not order any repercussions or,
• The Judge can find that the accused was in Contempt, order sanctions and set provisions that the accused must meet.

The repercussions of being found in contempt may include: fines, an order to stop the violation (behavior), jail, levy of property, jail, or anything else that a court deems appropriate. In cases of failure to provide access, the court can order anything from “make up time” to a modification of residential custody. If you are falsely accused, you may be able to get the opposing party to pay your attorney’s fees. Conversely, if you are found to be in contempt, you could be ordered to pay the other party’s attorneys’ fees. Remember: if you are found to be in contempt, one of the sanctions available to the court is incarceration (jail). Incarceration can only be ordered for non-payment of child support.

In the typical family law case, for a person to be held in contempt, the accusing party must prove to the court that:

1. There was a valid court order; and:
2. The accused party knew of the court order;
3. The accused party violated the court order;
4. The accused party had the ability to comply with the court order;
5. The accused party received proper notice of the contempt hearing; and finally,
6. Contempt is the appropriate remedy for the infraction/situation.

Most often, contempt in domestic or family law cases can arise from:

– Failure (non-payment) to pay child support;
– Failure to pay alimony;
– Failure to pay the marital award;
– Failure to pay court ordered attorney’s fees;
– Failure to pay a doctor’s bill or some other medical services bill;
– Failure to provide medical insurance;
– Failure to sign documents for a QDRO*;
– Failure to sign a car title or other document to transfer title;
– Failure to provide access to a minor child.

Contempt can occur during any phase of a case. A party may use (or be held in) contempt at any time during a divorce or custody case. Contempt may be an appropriate remedy at any time after a court issues an order, whether that order is temporary or final. In situations involving domestic violence (whether that order is an Interim Domestic Violence Protective Order; Temporary Domestic Violence Protective Order; or a Final Domestic Violence Protective Order), contempt will frequently be deemed criminal and the offending party faces a serious risk of being incarcerated.

The Rules for civil contempt can be located at Maryland Rule 15-206. Maryland Rules 15-203 and 15-205 deal with direct and criminal contempt.

*A “qualified domestic relation order” (QDRO) that creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements.

Appeals Explained

October 3, 2016 By Evan Koslow

court After the Lower Court makes a final decision on your family court case, either party has a right to appeal that decision to the Appellate Court. A Notice of Appeal must be filed, along with any relevant documents, within 30 days of the date of the entry of the Judgment (which is not necessarily the date you were in court).

The Appeal is based on the record of your court date and no new information is to be transmitted to the Appellate Division, and no testimony will be heard. The Appellate judges will review the underlying Order or Judgment, the transcript of the proceeding in the Lower Court (a typewritten volume which includes everything that was said in the courtroom by the attorneys, parties, other witnesses, and the judge), and the briefs submitted by the attorneys in the case arguing their client’s positions.

After the Appellate Court reviews everything listed above, there is oral arguments in front of a panel of Appellate judges so any questions can be answered. Once the Appellate judges make a decision, an opinion is sent out.

The Appellate Court has three choices in deciding a case on appeal: it can affirm the Lower Court’s decision, it can reverse that decision, or it can reverse the decision and remand it to the trial court for further proceedings. In family court appeals, due to the issues that are generally appealed, if the Appellate Court reverses a decision, there is generally a remand.

If the proceeding was a divorce trial and if the entire Order is reversed and remanded, then a new trial on all issues must take place. If only a few issues are appealed and the Appellate Division reverses the Court’s award on those issues and remands, then the Lower Court will have a hearing/trial on just those issues.

Appeals take approximately anywhere from a few months to a year from the date the Notice of Appeal is filed until the date you receive a decision. If the case is remanded, it will then take much more time, because you will be essentially starting over with regard to discovery and preparation for a new hearing/trial.

If you have a case or issues in your case that you believe should be appealed, it is imperative to consult with a lawyer immediately, given the short time frame for filing a Notice of Appeal.

What If Your Ex Wants To Move Out Of State With Your Child?

September 8, 2016 By Evan Koslow

It’s not uncommon for a parent to move out of state when a relationship has ended. In Maryland, if the parties cannot reach a custody agreement (sometimes called a parenting plan, which should be then incorporated into a consent order with the court) the court will decide what custody arrangement is in the child’s best interest. However, situations change: One parent might lose his or her job and have to move elsewhere for work, while the other parent might meet a new romantic partner and want to move for personal reasons.

Assuming your parenting plan (incorporated into a consent order) or court order does not specifically address what happens when one parent wants to move with the child, the first questions to ask are:
Would the move take the children closer to the other parent?
Would it keep them within their current school district?
If the answer to either question is yes, the parent may move the child without going back to court.

If the answer to either of these questions is no, the parent may still be able to relocate the child. First, the parent who is seeking to relocate must give reasonable notice to the other parent, which is typically 90 days. Second, the parent must demonstrate a legitimate purpose for the move and that the proposed location is reasonable in light of that purpose. This is a broad test, but when a parent wants to move because of a vindictive desire, the court can prevent the parent from moving with child. Ultimately, the court cannot prevent the parent from moving, but it can prevent the parent from moving with the child.

Once the relocating parent demonstrates that the move would be reasonable in light of a legitimate purpose, the court then must consider the 11 factors it would normally consider in a custody matter when determining what custody arrangement is in the child’s best interest. The court will consider several factors, including, but not limited to:

1. each parent’s reasons for seeking or opposing the move;
2. the quality of the relationships between the child and the custodial and noncustodial parents;
3. the impact of the move on the quantity and quality of the child’s future contact with the noncustodial parent;
4. the degree to which the custodial parent and child’s life may be enhanced economically, emotionally, and educationally by the move;

If you or the other parent is trying to relocate with minor children, it is best to seek legal counsel for advice and recommendations on how to proceed.

What You Need To Know About Child Support

September 10, 2014 By Evan Koslow

Here are some frequently asked questions about child support:

How does the Court determine WHO should pay child support and HOW MUCH should be paid?

Every parent has an obligation to support their minor child, with certain exceptions, until the child turns 18 or if a child is still at home at 18, then the obligation runs until graduation from high school or 19. Some children can be supported beyond their 19th birthday if there is proof to the Court that the child needs to continue to be financially supported by parents.

Maryland’s child support guidelines only go up to a combined income of $180,000.00. Beyond that, it is at the discretion of the court to decide the amount to award. Guidelines are based upon gross income of the parties and subject to certain deductions for mandatory expenditures. The court can only deviate from the child support guidelines upon a finding that the child support guidelines would be inappropriate or unjust (which is generally hard to obtain).

[Read more…]

What Is Parental Alienation and Why It Hurts Everyone

What Happens If You Violate A Court Order?

Appeals Explained

What If Your Ex Wants To Move Out Of State With Your Child?

What You Need To Know About Child Support

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