Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

J.L. v. J.C.

Superior Court of New Jersey, Appellate Division

July 31, 2013

J.L., Plaintiff-Respondent,
v.
J.C., Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 3, 2012

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-1857-11.

August J. Landi, attorney for appellant.

J.L., respondent, pro se.

Before Judges Ashrafi and Hayden.

PER CURIAM

In this post-judgment matrimonial matter, defendant J.C. appeals from a September 22, 2011 Family Part order denying his motion for reconsideration. Defendant sought reconsideration of part of a July 18, 2011 Family Part order that denied his motion for an independent medical evaluation of his daughter and appointment of a guardian ad litem for his two children and granted plaintiff J.L.'s motion allowing the children to participate in limited extracurricular activities during defendant's parenting time. We affirm.

We discern the following facts from the record. The parties were married in 1997 and had two daughters, A.C., born in 2000, and H.C., born in 2002. The August 4, 2003 final judgment for divorce incorporated a consent order fixing custody and parenting time. The parties agreed to share joint custody with the children residing with plaintiff.

Disputes soon arose between the parties, particularly concerning child support, visitation, and the children's health conditions. In 2006, A.C.'s pediatrician recommended that she be evaluated by a pediatric neurologist, who diagnosed her with certain neurological conditions and recommended her to a specialist to determine a course of treatment. Defendant disagreed with the diagnoses and refused to consent to certain tests and evaluations. In 2007, plaintiff filed a motion seeking court authorization to bring A.C. to her doctors and to follow their recommended treatments. The court issued an order on July 9, 2007, giving her the authority to arrange the children's health care as long as she kept defendant informed and tried to use doctors covered by his health insurance.

In 2008, alleging that defendant continued to refuse to cooperate with A.C.'s treatment, plaintiff filed a motion for more explicit authority to manage A.C.'s treatment without defendant's interference. Defendant argued that, since 2006, plaintiff had been taking A.C. to different doctors and received various diagnoses, but the treatments were unnecessary and harmful. Finding that the "animosity between the parties [was] too great to require the parties to agree on major decisions regarding the children, " the family judge issued an order including the following provision:

[Plaintiff] as the primary residential custodian may solely manage the children's health care without obtaining [defendant]'s permission or approvals. [Defendant] shall have access to the children's medical records and if there is any disagreement regarding their health care treatment or needs, he may bring application to the court for the court to resolve the issue. [Plaintiff] shall keep [defendant] informed as to the children's health care issues and needs. Additionally, [defendant] may attend the children's doctor appointments and [plaintiff] shall give him sufficient advanced notice as to when the appointments are scheduled so that he may attend.

Defendant did not appeal this order.

In 2011, plaintiff filed a motion seeking, among other things, [1] enforcement of the 2008 order. She alleged that defendant continued to interfere with A.C.'s treatment, including instructing the child not to take her medication, setting up an appointment with a new pediatrician without consulting her, and alienating A.C.'s doctors so that several refused to treat her. She also sought an order allowing her to schedule each child for one year-long activity and one sport for two seasons and requiring defendant to cooperate in getting the children to these activities. She contended that although the consent ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.