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Daniels v. Frage

July 6, 2007

ALISSA DANIELS, PLAINTIFF-RESPONDENT,
v.
FRITZ G. FRAGE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FD-20-200-02.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 2, 2007

Before Judges Wefing, Yannotti and Messano.

Defendant Fritz G. Frage appeals from those portions of the trial judge's November 30, 2005 order that: 1) denied his request to be designated the primary residential custodian of the parties' minor child; 2) denied his request to modify the parenting time provisions of a prior consent order; 3) directed defendant and plaintiff Alissa Daniels, the child's mother, not to expose the child to R-rated movies; and, 4) directed both plaintiff and defendant to refrain from making negative comments about the other in front of the child. In this appeal, defendant raises the following arguments for our consideration:

POINT I

THE RECORD BELOW IS NOT COMPLETE BECAUSE OF THE COURT'S CONTINUOUS HURRYING AND CRITICIZING OF THE [DEFENDANT'S] CASE.

POINT II

THE COURT'S ARBITRARY ASSISTANCE OF THE [PLAINTIFF'S] ATTORNEY FORECLOSED THE COURT FROM BEING ABLE TO MAKE AN IMPARTIAL DETERMINATION OF THE ISSUES.

POINT III

[PLAINTIFF'S] EXPERT REPORT IS A "NET OPINION" AND SHOULD NOT HAVE BEEN CONSIDERED BY THE TRIAL COURT.

POINT IV

IN DETERMINING TO CONTINUE THE STATUS QUO WITH RESPECT TO CUSTODY AND PARENTING TIME THE COURT IGNORED THE WEIGHT OF THE EVIDENCE, HER OWN ...


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