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Bolen v. O'Brien

November 7, 2007

KIMBERLY BOLEN, F/K/A KIMBERLY O'BRIEN, PLAINTIFF-APPELLANT,
v.
WILLIAM O'BRIEN, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-175-98.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 22, 2007

Before Judges Parrillo and Graves.

This is a post-judgment matrimonial matter. On March 14, 2000, the parties were divorced and the terms of a settlement agreement were placed on the record. A property settlement agreement (PSA) was subsequently signed by the parties. The parties have two sons: one is now fourteen years old, and the other is eleven. Plaintiff Kimberly Bolen appeals from an order dated May 25, 2006, that denied her request to "uphold and enforce" the parties' PSA, which designated her as the primary residential parent.

On appeal, plaintiff presents the following arguments:

POINT I

THE TRIAL COURT ERRED WHEN THE JUDGE DENIED APPELLANT THE OPPORTUNITY TO BE HEARD PURSUANT TO R. 1:6-2(d).

POINT II

THE TRIAL COURT ERRED BECAUSE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE NOT ENTERED ON THE RECORD.

POINT III

THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT'S REQUEST TO MODIFY THE ORDER AS TO THE COURT APPOINT[ED] EXPERT.

After reviewing the record and the applicable law in light of the contentions advanced on appeal, we conclude that plaintiff's arguments do not warrant extensive discussion. R. 2:11-3(e)(1)(E). We add only the following comments.

On November 8, 2001, Judge Russell entered an order granting temporary custody of the children to defendant. On December 1, 2005, Judge James A. Farber entered an order granting "sole legal and physical custody" to defendant, William O'Brien. In a thorough and thoughtful thirty-seven-page written decision, Judge Farber examined each of the fourteen statutory custody factors, N.J.S.A. 9:2-4(c), and determined plaintiff's time with her children should be limited to "therapeutic supervised parenting by Dr. Amie Wolf-Mehlman." Judge Farber's findings included the following: (1) plaintiff unilaterally moved and attempted to relocate the children three hours away from defendant; (2) plaintiff enlisted one of the children to file a false report with the police alleging that defendant struck him with a baseball bat; (3) plaintiff's testimony was often inconsistent, confusing, and "simply unbelievable"; (4) plaintiff "has been unable to agree, communicate and cooperate [with defendant] in matters relating to the children"; (5) plaintiff has a history of drug use, which resulted in a consent order in August 1990 that suspended ...


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