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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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Can i file a lawsuit for parental alienation in New Jersey.

Customer Question

Can i file a lawsuit for parental alienation in New Jersey. If so how do i do that? I am suffering mental and physical abuse
Submitted: 4 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 4 years ago.
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

Can you please clarify:

1) Is there a court order requiring that your visitation with your children be supervised?

2) If so, why did that occur?

3) Who is it that is alienating your children from you?

4) How is this person doing so?

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Customer: replied 4 years ago.

Answer to 1 is no. The latest consent order is unsupervised


 


Answer 3 - The ex wife has is badmouthing me for 17 months since i left the house. The ex is not communicating with me at all. I only see her at a facilitator once a month. My 13 year old girl doesnt talk to me and told my family she hates her father. My 10 year old sees me with my parents for 3 hours a week because she is comfortable with that. But that is ending in 2 weeks. My parents will be out of the picture as it says in the consent order.

Expert:  AlexiaEsq. replied 4 years ago.
Hi, and thank you for your clarifications. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.



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With regard to your post:

Can i file a lawsuit for parental alienation in New Jersey. If so how do i do that? Typically, you file a Motion in the family court you are already in - a Motion for XYZ that you want, due to the fact that the other parent is engaging in Parental Alienation. The XYZ could be 1) Order prohibiting/ceasing all actions of parental alienation including but not limited to ABC and/or 2) Order holding ex in contempt for committing campaign of Parental Alienation for 16+ months such that the great relationship prior to 16 months ago is not deteriorated to a 13 year old that says she hates dad, and an older child that will not call, text or otherwise communicate at all - unlike before the campaign began 3) Order changing custody because ex is either unwilling or unable to use judgement and parental care that would cease Parental Alienation, foster the other parent/child relationship, allow for reasonable visitation, etc.

 

I am suffering mental and physical abuse If you are being beaten (you say physical abuse) - you need to call 911 or the police department, depending on the situation.

Optional Information:
Country relating to Question: United States
State (if USA): New Jersey
What have you tried so far?: I have joint custody per consent order but i only see one child 3 hours a week with my parents and the ex and the older child Why does the older child have an aversion to you, specifically. What does he/she 'know' or believe to know?

 

have not spoken or texted or emailed me in 16 months. OK, it sounds like your Order left the parenting plan (time schedule) open for you two to decide? Consider: Since that is not working, a filing of a motion to set a schedule - explain how she is only allowing 3 hours a week and that other time appears to be replete with parental alienation actions - and be specific - how do you know that, do you have witnesses, etc.

 

The Facilitator cannot get the job done Clearly. Are you 'required' to use her?



Answer to 1 is no. The latest consent order is unsupervised OK, so you have been acquiescing to someone's request for only 3 hours and only with grandparents. Consider not bending over so kindly.



Answer 3 - The ex wife has is badmouthing me for 17 months since i left the house. Do you have evidence of that? Or are you presuming that because the child(ren) are behaving like they do not wish to be with your or interact with you?

 

The ex is not communicating with me at all. OK, so I know she hasn't admitted to Parental Alienation. So you must review (or have your attorney do so): Can you tell me what evidence you plan on producing regarding PA. It is very important. The fact that the children don't want to see you IS evidence, but not conclusive (because they could then say it is for a different reason, something you did, for instance).

 

I only see her at a facilitator once a month. My 13 year old girl doesnt talk to me and told my family she hates her father. Things you need to address in any motion: Why does she think shy hates you? Tough time for a 13 year old.

 

My 10 year old sees me with my parents for 3 hours a week because she is comfortable with that.Things you need to address in any motion: Why would she NOT be comfortable with 3 nights/week, without the grandparents? This is the big question that needs to be answered. Most 10 year old girls WANT to be with dad.

 

But that is ending in 2 weeks. My parents will be out of the picture as it says in the consent order. What does the consent order say about the grandparents? I thought you said it was unsupervised visitation, but this sounds the opposite? These are things to review.


Good luck and feel free to follow up with anything specific, that may be unclear.


Sincerely,

Alexia Esq.



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Expert:  AlexiaEsq. replied 4 years ago.
Good morning. I am very confused! I woke to a BAD rating from you against me personally - a defamatory one, despite my time and effort answering your question accurately, and inviting you to follow up with any questions or clarifications. You forgot to follow up with me -- and yet an inapplicable 'poor service' button was pressed. I know this is likely an inadvertent error on your part, but it is very important that you correct it NOW, both to maintain the integrity of this system and to ensure you may be helped in the future. Note that you can STILL follow up with me here AFTER properly rating based on my service, time and effort. I look forward to assisting you further and thank you for correcting this as soon as possible with a click on any of the RIGHT sided (positive) ratings. Thanks so much for understanding! The system is a bit confusing, and this happens at time (I understand that sometimes not all buttons are even appearing on one's screen), and we appreciate it being remedied for accuracy. Thanks again, and I look forward to working with you.

Sincerely,
Alexia

PS. If you scroll up, you should be able to see the questions I included in my answer for you to clarify - so we can delve more into the specifics of how you may best want to delve into the problem. Feel free to answer them if you would like that additional time and effort on my part. Thanks!
Expert:  AlexiaEsq. replied 4 years ago.

Hello again. Please, if you haven't yet had the opportunity to either:



1) Follow up if clarification is needed on our above interaction/Q&A, OR

2) Rate me highly if we are finished for the time being.



If there's more I can do, please use the reply tab (or continue conversation) and let me know how I can be of further assistance. It's my goal to provide you with excellent service - to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

I wish you a wonderful week and look forward to your amended rating of my service.

 

 

Sincerely,

Alexia

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