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Date: 08-16-2024
Case Style:
Iecheskel Abramsky v. Ruth Abramsky
Case Number: FM-15-0222-20
Judge: Not Available
Court: Superior Court, Chanery Division, Family Part, Ocean County
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Toms River, New Jersey family law lawyers represented parties in a divorce.
Plaintiff and defendant Ruth Abramsky were married in 2007 and had three children who were born in 2007, 2009, and 2014, respectively. After obtaining a religious divorce from a rabbinical court in 2019, the parties were divorced by way of an April 5, 2022 dual judgment of divorce in which the parties incorporated their MSA of the same date.
In the MSA, the parties agreed to have joint legal custody of the children. In paragraph one of the MSA, the parties also agreed:
Neither party shall be designated as the Parent of Primary Residence at this time as the parties have agreed to an equal timesharing parenting agreement for a period of six months following the execution of this
agreement, with the acknowledgement that as of recent the two oldest children are not exercising parenting time with the Father consistent with the schedule set forth herein, although they are working towards reunification.
In paragraph nine of the MSA, the parties agreed to retain a Parenting Coordinator, who would "assist the parties as it relates to parenting time issues and on other child related issues, and [would] make recommendations if the parties are unable to resolve disputes." The parties agreed to "be bound by the recommendations of the Parenting Coordinator unless either party files an application to the [c]ourt to object to the recommendation within 14 days of the recommendation."
Paragraph sixteen of the MSA was entitled "Six-Month Review" and provided:
After a six-month period following the execution of this Agreement, the parties shall review the custody/parenting time schedule to determine a schedule that is in the best interests of the children at this time. The parties shall attend at least one session with the Parenting Coordinator to mediate an appropriate parenting schedule with the costs of same to be shared as set forth above. In the event that mediation is unsuccessful, or one party fails to cooperate in attending the mediation session, either party shall have a right to file an application with the [c]ourt to modify the Custody/Parenting time schedule set forth herein without the necessity of demonstrating a substantial change in circumstances. Each party further reserves the right to obtain a best interests forensic custody evaluation at that time at his or her own cost.
In a September 6, 2022 letter, plaintiff's counsel asked the Parenting Coordinator to schedule "as soon as possible" the mediation session the parties were required to attend pursuant to paragraph sixteen of the MSA. The next day, defense counsel emailed the Parenting Coordinator, asking her to schedule the mediation sometime after the six-month period referenced in paragraph sixteen. In an email she sent that day, the Parenting Coordinator advised the parties she was "professionally prohibited from engaging with the parties both as a [parenting coordinator] and mediator" and told them it would be "more appropriate for the parties to meet with another professional" for the mediation. The parties subsequently attended a mediation session before a different mediator on November 29, 2022.
* * *
Outcome: Affirmed in part; reversed in part; and remanded for proceedings consistent with this opinion.
Abramsky v. Abramsky, A-3124-22 (N.J. Super. App. Div. Aug 26, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: