NJSBA Family Law Section

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  • 1.  Consent Order rejected

    Posted 05-23-2016 11:16 AM
    A judge is refusing to sign a (very painstakingly negotiated) Consent Order that resolves a pending motion which sought to change a prior Court Order.   Despite that the motion was withdrawn within the submitted Consent Order, the Law Clerk has asked for opposition as the Judge apparently intends to hear the motion.   (However, the parties agree and have been following the terms of the Consent Order for 3 weeks.)

    Has anyone (other than my adversary on this case…lol) had a similar experience that would be willing to share how they dealt with it?  

    Thanks,
    Jo

    --------------------------------------------------------------------
    Jodi A. Argentino, Esq.
    Partner
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831

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  • 2.  RE: Consent Order rejected

    Posted 05-23-2016 11:24 AM

    have run into similar situations, but not quite this.

     

    so maybe…..

     

    withdraw the motion completely now (so the Judge has nothing to decide)

     

    and then submit a consent order with consent of both sides and both attorneys.

     

    however, you may have one very unhappy Judge.

     

    will be interested to see what others say

     

     

     

    Robert F. Davies, Esq.

    The Davies Law Firm, P.A.

    45 Essex Street, Suite 3 West

    Hackensack New Jersey 07601

    Phone: 201-820-3459

    Fax:     201-820-3461

    Email: [email protected]

    Website: AttorneyRobertDavies.com

     

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  • 3.  RE: Consent Order rejected

    Posted 05-23-2016 11:30 AM
    I'd love to….but it, unfortunately, doesn't solve the issue.

    The motion is to modify a prior order.   Thus, if we withdraw the motion entirely, we are left with the previously entered Order.  

    Therefore, the Judge would still have to sign the Consent Order so as to "un-do" the prior Court Order.

    Thanks,
    Jo


    --------------------------------------------------------------------
    Jodi A. Argentino, Esq.
    Partner
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831

    This message is covered by the Electronic Communications Privacy Act, Title 18, U.S. Code §2510-2512.
    This e-mail message and any attached files are the exclusive property of the law firm of Guston & Guston, L.L.P. and are subject to copyright.
    This communication is deemed privileged and confidential and is intended only for the person or entity to which it is addressed.
    Any unauthorized review, use, disclosure, or distribution is prohibited.
    If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
    Thank you.




    Original Message


  • 4.  RE: Consent Order rejected

    Posted 05-23-2016 11:57 AM

    I agree with Robert.  If the motion is withdrawn, the judge has nothing in front of him to decide.  You already have the parties operating under the new consent order terms anyway so a short delay in getting the Order signed won't make any difference. (If it has to do with support, make it retroactive to a date 3 weeks ago). 

    After the motion is officially withdrawn, submit the Consent Order.  How can a judge refuse to sign a CO signed by both parties and counsel? 

    [Be prepared to pay a $50 filing fee however.  Michelle Smith, Clerk of the Superior Court, indicated that a consent order carries a filing fee if it is filed when there is no motion pending.  REALLY??!?]

     

    Lisa M. Radell, Esq.

    207 South Main Street

    Cape May Court House, NJ 08210

    Tel (609) 465-9910

    Fax (609) 465-9920

     




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  • 5.  RE: Consent Order rejected

    Posted 05-23-2016 12:02 PM
    Without knowing the issue being addressed, it is difficult to know how to respond. If, for instance, the change has something to do with "the best interests of a child" then the Court may believe there could be an obligation to make a decision that differs from consent order. 

    If you believe that submitting opposition papers would be counterproductive for various reasons, I would suggest you and your adversary submit letters explaining exactly what your perceived problems are, and requesting a (telephonic if possible) case management conference.

    ___

    Michael A. Conte, Esquire
    Ulrichsen Rosen & Freed LLC
    114 Titus Mill Road, Unit 200
    Pennington, NJ 08534
    Direct Dial: (609) 559-1959









    Original Message


  • 6.  RE: Consent Order rejected

    Posted 05-23-2016 01:45 PM
    Yes, it would be helpful to know why the judge wants the motion to go forward and will not sign off on the consent order.   If you know or can find out. Usually judges love calendar clearing consent orders . . .

    Anne Cralle, Esq. 

    Sent from my iPhone



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