PARISH V. PARISH
A-1837-08T2 02-03-10
We reviewed a Family Part order dismissing "as moot" a
post-judgment motion to enforce litigant's rights. The motion
judge did not review the merits of plaintiff's application and
directed the parties to present their disputes to the parenting
coordinator designated in the Dual Final Judgment of Divorce.
Additionally, the judge conditioned the filing of all future
motions on the requirement that the parties and their attorneys
first conduct a four-way settlement conference to resolve the
disputes and certify that these efforts proved unsuccessful.
Finally, the court imposed an award of counsel fees.
We reversed the order due to the motion judge's failure to
substantively address plaintiff's ELR motion, as the issues
presented were not moot and ripe for disposition. The parties
had previously sought review by, and received the
recommendations of, the parenting coordinator. More
importantly, we reversed the mandated restriction on the
parties' exercise of the right to file post-judgment ELR motions
in the absence of a specific finding of the need to control
frivolous litigation. Finally, because the counsel fee award
was based on a determination we reversed, it too was reversed.
Judge Ashrafi concurred with that portion of the opinion
reversing the dismissal of plaintiff's motion because the
requested relief was not moot, and the award of counsel fees.
Judge Ashrafi dissented from that portion of the opinion
reversing the pre-filing condition imposed on future motions.
