Family court

Rhode Island Family Court lawyers and RI Associate Justices, Magistrates and members of the bar are so well versed in the bizarre and sometimes anachronistic calendar call it, has become nearly normal. The key word here is “nearly.”  Lets call it what it is: The calendar call is  RI judiciary, “inside baseball”, gobbledygook.

Few outsiders or pro-se litigants can truly understand this RI judiciary, quasi foreign language. Without years on the Rhode Island Family Court battlefield, it is nearly impossible to understand what this all means. A Rhode Island divorce attorney describes, in great detail,what various calendar calls actually mean in Providence Family Court.

rijudiciary

Rhode Island Family Court and the RI Judiciary – Inside baseball

One retired judge became so frustrated by these conflicting and confusing calendar calls, she decided there would only be two calls “ready” and “not ready.” Genius! That made a lot of sense!  Another retired judge decided that ready subject calls would not be allowed anymore. These ready subject calls have gone the way of the 8-track tape and are currently disfavored for whatever reason. The “ready subject” call is really a relic of the past that the old timers may look back at fondly. Newer divorce lawyers in RI utilize the more modern phrase of “hold.”

“The Calendar call” – a moment of time which is normal for divorce lawyers and nonsense to everyone else

The calendar call occurs when the Rhode Island Family Court Judge takes the bench and after everyone rises and pays their respect to the Judge and the RI judiciary in general. The first order of business is the calendar call, when the clerk calls the calendar and the RI divorce lawyers report the status of the case to the Court. The main purpose of the calendar is for the RI Associate Justice or General Magistrate to control their calendar case flow and determine which cases are going forward that day and the status of those cases.

The general rule is that settled cases are heard first. Conferences are determined 2nd and hotly contested matters last. This is the carrot and the stick mentality.  If you settle, you get out of court quickly (the carrot) and if you want to fight you have to wait until the end (the proverbial stick). Nominal divorce hearings when they are ready are also given some priority on the calendar.

Here are some of the assorted calendar calls used by divorce and custody lawyers in Providence Family Court:

Calendar call: “Ready”

This typically may indicate that both lawyers are ready for a hearing or hearing with testimony. But in reality, it does not actually mean that the lawyers are actually “ready” to t-up the cause of action at that moment in time. In some cases, the lawyers call it “ready” because they know the judge isn’t ready for the case and they hope that the RI divorce attorneys will be ready when the judge is ready. This can cause some consternation if the judge is ready too soon but the lawyers are not ready.

The confusing part of the “ready” call is what are the Providence child custody attorneys ready for? If the judge is familiar with the case and the intricacies of the case, the judge will know what the cause of action is ready for. It will be an unspoken assumption. A case could be ready for:

• a conference, (In this case it should have been called “ready conference”)
• a hearing without testimony,
• a testimonial hearing
• a trial  (A better call would be ready trial.)
• a conference (This should be ready conference)
• In many cases, a ready call without more information imparted to the judge means that the Rhode Island divorce lawyers or RI child custody attorneys will use the waiting time to figure out what they are ready for. It is often best practice to provide more information to the Family Court Justice such as:
• “ready trial”
• “ready for a conference”
• “ready hearing”
• “ready when the opposing lawyer arrives in court after the traffic jam and her Dunkin Doughnut coffee stop” (Don’t actually state this.)

What could be the cause of a Providence custody lawyer calling a case ready but not being ready?

1. There is a quick loose end that the RI child support lawyer has to hash out with opposing counsel or their client in the infamous hallways of the  Providence Garrahy Judicial Complex.
2. The client changes their mind about something agreed to.
3. One of the litigant chimes in “one last thing” and a brouhaha erupts.
4. Another Providence Family Court judge needs one of the divorce attorneys for another case.
5. One of the litigants needs to put money in the meter or an ill timed bathroom stop.
6. The lawyers were not ready in the first instance and were just hoping they would be ready when the judge was ready so they could get out of court.

“Ready formal”

This means that the parties have resolved all of the issues and controversies that were before the RI Family Court on that date. The attorneys will read the agreement on the record. The judge will usually immediately prioritizes this on the calendar. The Judges reward litigants who settle by allowing them to leave Court early. An equivalent calendar call would be “formal.”

“Ready Hold”

This means the RI child custody lawyers are ready but not ready at the same time. The ultimate oxymoron. This appears to be a workaround concerning the above mentioned “ready” call when you are not ready. Therefore, “ready hold” means you are ready but you need to work out one of the bullet-ed issues set forth above. “Ready hold” certainly addresses any misrepresentation that a “ready” call when the lawyers are not close to ready could cause. Best practice is not to use the “ready hold” call but just hold the case.

If a case is called “ready hold” and this call is premised on an anticipatory readiness, it is imperative that both lawyers exit the court room immediately! The reason for this is the fundamental assumption that if both lawyers are sitting in the courtroom that this is an indirect representation that the matter is no longer held and is ready now. So if the RI divorce iscalled “ready hold” and not “ready” the Providence Family Court lawyers must hide.

How do lawyers remove the hold from a “ready hold”  or “hold” to a “ready” calendar call?

• Sit quietly in the court looking at the judge with furloughed eyes and the judge will believe that the matter is ready now. The RI Family Court justice will say something like “Mr.  Slepkow are you ready to go” or “Mr. Slepkow is the Johnson divorce ready?”
• Notify the judge’s clerk by approaching the clerk, by making eye contact or a hand gesture to the clerk that the hold is removed.
• Jumping up when there is a pause between cases and stating your honor “the Johnson case is now ready” or “Johnson is a nominal now.”

Calendar call: “Ready nominal”

This means that the case is ready for a nominal trial. A nominal trial occurs when all issues in a divorce in RI have been resolved and the parties are ready for a perfunctory short divorce trial / hearing with testimony.

Calendar call: “track change”

The case was originally scheduled for a nominal hearing pursuant to the divorce summons but the case is not ready for a nominal divorce trial. If the divorce is on the calendar for the first scheduled nominal hearing, this call is somewhat unnecessary. If no one is present or no one says anything, the case will be automatically track changed to a new date for a case management conference.

Calendar call: Hold

This could be the same call as “ready hold” but it it might not be. It could also mean the case is not ready but  time is needed to negotiate in the hallway to see if the case will become ready. It could mean the lawyers have no clue who will show up, why the case is on the calendar or a plethora of reasons. It could mean that one of the RI Family lawyers is ready but has to go handle another case with another judge which is also ready. Hold could mean that the attorney has no idea why opposing counsel is not present and needs to figure it out. In most cases, hold means that the attorneys need to negotiate and figure out what to do about the case.

Calendar call: “Ready conference”

This means that the attorneys want a meeting with the judge to discuss the case off the record.  Conferences are not transcribed by the court reporter. Discussions could revolve around the following:

• case scheduling and trial scheduling
• settlement negotiations
• disputing the merits of the case, issues and arguments

“Ready bench conference”

This means that the conference will be at the bench within the courtroom. These conferences are less private then in chamber conferences and clients and other Court observers can often hear what is being said.

“Ready chambers conference”

These conferences between the lawyers and the judge are held in the backroom and litigants cannot hear. Chambers conferences are usually for more sensitive, confidential and private matters or intense settlement negotiations. Chambers conferences have become more disfavored in the modern day Family Court.

“Ready trial”

This means that the parties are ready for the previously scheduled trial.

“Ready hearing”

This is a confusing calendar call to say the least. It usually means that the lawyers want to argue a procedural or short matter that does not require testimony.

“Hold that for a conference later”

The RI divorce lawyers well versed in the RI judiciary are not ready for a conference or want to see if they can settle the case before the necessity of a conference.

Pro-se calendar calls:

“waiting for my lawyer”

“here”

“ready”

“Ready nominal hold”

‘were trying to work it’ out type call

freelancing calender call

jokester call –

the reverse a contested calender call

“Formal”

“Formal hold”

Ready hearing

Ready trial

Ready trial conference

formal and ready

silence

“can we get a continuance”

Every divorce in RI is stressful and and often brings out the worst out in most of us. However, a high conflict divorce is far more nerve-racking when couples engage in hostile or aggressive confrontation instead of using legal negotiation tools to resolve marital issues including child custody, child support, spousal support and the division of marital assets.

High conflict divorce in RI

High conflict divorces in Rhode Island often leaves one or both parties unable to emotionally recover and get back to living a fulfilling and healthy life once the dissolution of marriage is complete. If you are involved in a divorce war in Rhode Island Family court, you should speak with a Rhode Island divorce lawyer. A RI divorce attorney can help you protect your legal rights in a divorce in RI.

Many high-conflict Rhode Island divorces involve serious issues that must be resolved before the end of the marriage can be finalized. Common problems that  may cause conflict include:

• An intense emotional investment between the couple
• Difficult family dynamics
• Questionable legal ambiguities
• Tangled financial problems
• Dirty tricks and antagonistic actions performed by one or more family members

These types of divorces often involve unremitting, ongoing hostility between the couple along with extended child custody battles and drawn out court actions. In some situations, the RI Family Court judge will issue restraining orders as a way to keep the peace between the divorcing couple until the marriage can be dissolved. Divorcing couples will argue about hostile dependency where one spouse claims they have sacrificed their career to marry the other or raise their children.

What is hostile dependency?

“Hostile dependence is a relationship in which one is dependent upon another person but resents it. It can be summed up well in this statement: I hate you because I need you so much. Hostile dependency is an unhealthy and immature dependency upon someone else. For adults, one depends upon someone else to do things for them that they should be capable of doing themselves. This could involve being supported financially, having tasks done for them that they should do themselves, and being protected emotionally and psychologically like a child should be.” https://www.eliterehabplacement.com/recovery/hostile-dependence-hating-to-love/

When Children Are Involved in a high conflict divorce

In some divorces, one spouse lacks the ability to talk to their children and provide care on a personal level, which often leads to unnecessary high conflicts.

Emotions & verbal confrontations often run rapid during divorce

Differing parenting styles between the couple is a major factor that leads to the marriage’s dissolution. One parent may attempt to push their rules over the wishes of the other parent, which tends to escalate animosity between family members. When serious conflicts escalate between parents concerning issues about their children, it is best to turn the problems over to a reputable Rhode Island divorce attorney who specializes in high conflict divorces in Providence Family Court.

Preventing Confrontation in Providence Family Court

In many divorce cases involving high conflicts, one spouse is unable to let go of a strong attachment to the other spouse. Conflict is often created as an interaction with a partner who is leaving the marriage. Legal consultation and family counseling are absolutely necessary to ensure that both parties can resolve their issues and dissolve the marriage.

There are simple actions that can minimize the amount of conflict within the family’s dynamics during the divorce. These actions include:

• Accepting responsibility to live your own life,
  • Making decisions that benefit everyone in the family,
  • Avoiding pointing a finger of blame, shame or indignity at the other,
  • Developing and maintaining healthy boundaries as a parent and ex-spouse,
  • Honoring every financial agreement you made with your ex.

Many individuals make a major mistake when divorcing in Providence Family Court by failing to take steps to protect their rights. If you and your spouse are considering a divorce, but there is high conflict in the family dynamics, it is essential to seek legal advice. It is essential to pick a RI divorce attorney that has experience and skills in preventing confrontation while remaining invested in helping you dissolve your marriage.

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“In the spring of 2010, an estimated 13.7 million parents had custody of 22.0 million children under 21 years of age while the other parent lived somewhere else.3 Although the population of the United States increased by 17.1 percent since 1994, the number of custodial parents was not statistically different from 1994 (Table 1).4 The 22.0 million children living with their custodial parent represented over one-quarter (26.2 percent) of all 83.8 million children under 21 years old living in families.5 Among White children in families, 22.4 percent lived with their custodial parents.” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income http://www.census.gov/prod/2011pubs/p60-240.pdf

A Rhode Island divorce lawyer provides free advice concerning RI family law. If you need a custody lawyer in RI, call RI divorce and child custody attorney, David Slepkow.  David has 22 years experience in Providence Family Court. David was voted a top three attorney in Rhode Island by the Providence Journal Reader’s choice poll.

Do not exaggerate in Family Court

Do not exaggerate or embellish your case at a hearing in front of a Rhode Island Family Court Justice or Magistrate. Credibility and Perception is of the utmost importance in Providence Family Court. If the judge does not perceive you as credible concerning certain allegations or representations, she may not perceive you as credible about everything in your divorce, visitation or RI custody case.

Perception is reality

Exaggeration and speaking in ‘black and white terms’ are major problem in Providence Family Court. Family court is  usually not black and white. It is all about shades of gray. Remember PERCEPTION IS REALITY in RI Family Court. The Kent County Family Court Magistrate or Justice does not know you. The Judge does not know your ex-spouse or ex-boyfriend or anything about the Family Court case until he hears the matter in Court. How the judge perceives you during the few moments of your custodial hearing will be a reality not a perception.

Restraining orders not for leverage

Do not get a restraining order unless you are really in fear of your spouse, ex-husband, ex-wife or significant other or were abused. Restraining orders are not to be utilized to get leverage in your RI child custody case. Rhode Island restraining orders and RI Complaints protection from abuse are serious matters. They may subject the alleged perpetrator to criminal sanction and potential jail time.

“Rhode Island Family Court Constables and Sheriffs, unfortunately, devote too  many resources  to unwarranted and unjustified temporary protection from abuse complaints. The police also devote too many resources enforcing unjust temporary protection from abuse orders.  These unjustified restraining orders clog the system and actually hurt legitimate victims” Denying some Rest. Orders & Sanctions best way to help Domestic Violence Victims 

Paternity in Rhode Island

You have the right to clear the courtroom in a Rhode Island paternity case under paternity law in RI. If privacy is important to you, then go for it. However, keep in mind, that if you request a private court hearing, your case may be put to the end of the child support and paternity calendar. Ask yourself if this is necessary? It is burdensome on the court and the clerks. Prior to your court hearing, the state attorney will ask you to sign a form waiving your right to confidentiality.

Ҥ 15-8-17. Hearings and records РConfidentiality.

“Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this chapter shall be held in closed court without admittance of any person other than those necessary to the action of the proceeding. All papers and records, other than the final judgment pertaining to the action or proceeding, whether part of the permanent record of the court or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.'”

I do not see my name on the court calendar in Court for my paternity case?

Paternity cases in Rhode Island are not on the public calendar list.  You should ask the states’ paternity lawyer or a clerk if you are in the right place.

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Sole Custody

Do not request sole custody of your child unless you have the facts to back up this custodial request. In order to obtain sole custody, you need to establish:

• a serious drug or alcohol problem,
• a serious criminal history
• history of serious domestic violence,
• little to no relationship between a parent and child
• or a tempestuous war between you and the other parent.

Sole custody has really become a relic of the past and should only be implemented in the most extreme circumstances in my opinion. Both a father and mother should be involved in decisions concerning their child except under extreme circumstances.” Should sole custody be abolished in Rhode Island? https://rhodeislanddivorcelawyerarticles.com/should-sole-custody-be-abolished-in-rhode-island/ 

No piling on

• If you opponent is on the ropes with the judge based on their own nefarious misrepresentations or incorrect actions, keep your mouth shut. In other words, do not pile on! Smirking or piling on when your opponent is self-destructing or on the ropes is bad form and tends to switch the judge’s attention to your conduct.  In other words, if your winning- keep your mouth shut.
• Do not interrupt the other RI divorce lawyer unless it is absolutely necessary.  These interruptions tend to irk and annoy the trial judge. I must admit that there are certain occasions when an interruption may be necessary. However, be savvy about this.
• Do not throw your Rhode Island divorce lawyer or the opposing counsel in front of the bus at your RI family Court hearing.

Experienced Rhode Island divorce lawyer, David Slepkow (401-437-1100) provides some random thoughts and advice concerning Divorce and child custody causes of action in Providence Family Court.

The Rhode Island Family Court, in all counties, across the State of Rhode Island and Providence Plantations, are taking the plunge into the digital age. The Providence Family Court will begin the process of going all digital beginning tomorrow 10/31/14.

All Court filings will be filed electronically including complaints for absolute divorce and miscellaneous complaints for visitation and child custody. However, pro-se litigants will be able to submit paper documents and such documents will be converted to pdf files by the clerks. This specifically includes Providence Family Court, Washington County Family Court, Newport Family Court and Kent County Family Court

E-filing will be the new normal

E-filing will be the new normal for all Domestic causes of action including adoption, paternity, divorce, post divorce, child support, custody, visitation etc. How all of this will play out on a day to day basis is yet to be determined. However, be prepared for some turbulence at the Court in the coming weeks as everyone tries to sort out these revolutionary changes.

Filing fees will now be increased to account for this cost. There are tons of unanswered questions.

The State of Rhode Island’s websites states: “The Judiciary has undertaken a three (3) year project of implementing a new case management system (CMS) and EFS statewide.  Both the CMS and the EFS are products from Tyler Technologies, Inc.  The Workers’ Compensation Court has implemented the new CMS.  The EFS will be implemented shortly.  From Thursday, October 30, 2014 to November 3, 2014, the new CMS for civil cases in the Superior and District Courts and domestic cases in the Family Court are scheduled for conversion.  With the conversion of the new CMS, the EFS will be implemented in the Superior, Family, and District Courts on Wednesday, November 5, 2014.  By 2016, all courts and case types will convert to a new CMS and EFS.” http://www.courts.ri.gov/efiling/default.aspx

The Providence Journal reports: “The judiciary is undertaking the Herculean, $5.9-million effort through a contract with Plano, Texas-based Tyler Technologies. The new case-management system is known as Odyssey, as indicated on signs on the courtroom doors that read “Workers’ Compensation Court … Let the Odyssey begin.” The projo further asserts: “It is an odyssey of sorts that the courts are undergoing. For centuries, courts have relied upon paper files that are filling Rhode Island’s courthouses to the brim. The new system allows lawyers to carry their caseloads via iPads and other electronic devices. The public eventually is expected to be able to call up court documents using an app on cellphones.” http://www.providencejournal.com/breaking-news/content/20140519-r.i.-judiciary-in-midst-of-5.9-million-transition-to-online-case-file-system.ece 

Rhode Island divorce attorney, David Slepkow answers some important questions concerning divorce law in Rhode Island and Providence Plantations. David is an experienced RI Family law and child custody lawyer with 20 plus years of experience in Providence Family Court. These RI divorce FAQS should be very informative to litigants going through the divorce process.

Why is there a three-month waiting period in RI family law?

The intent of the law in Rhode Island is that parties may reconcile during the 3 months and decide to remain married.

Is a court hearing required or can I just sign papers to get a divorce?

In order to obtain a divorce in Rhode Island and Providence Plantations, a divorce hearing in open court called a “nominal trial” is required.  The legal mandate for a nominal trial in RI is RI law 15-5-22.

A “nominal” is a short perfunctory hearing in which all agreements and all necessary elements that need to be established are put on the record. Both parties are required to testify.

If there is a default, then at least one party must testify at the nominal hearing.  If there is a property settlement agreement, the RI Family Court justice makes certain findings and approves the marital settlement agreement. This is an oversimplification of what occurs at a nominal divorce. It is a wise idea to consult with a Rhode Island divorce attorney about your marriage dissolution proceeding.  A RI divorce lawyer will make sure that everything goes smoothly in your RI divorce and that your legal rights are protected.

• 15-5-22 Trial required – Collusion.  No divorce from the bond of marriage shall be granted solely upon default nor solely upon admissions by the pleadings, except upon trial before the court in open session; nor shall the divorce be granted where the court is satisfied that there has been any collusion or corrupt conduct by the parties, or either of them, in regard to the proceedings to obtain the divorce.  History of Section. (G.L. 1896, ch. 195, § 18; P.L. 1902, ch. 971, § 6; G.L. 1909, ch. 247, § 18; G.L. 1923, ch. 291, § 18; G.L. 1938, ch. 416, § 18; G.L. 1956, § 15-5-22; P.L. 2004, ch. 6, § 25.)

Question: Is there any way to shorten the three-month waiting period after the nominal RI Divorce hearing?

The  month waiting period is mandated by Rhode Island Law. A Final Judgment of Divorce cannot be granted by a Family Court Judge until 3 months after the nominal divorce hearing. There is one exception to this rule.  Divorce complaints granted based on the grounds of living separate and apart for a space of 3 years, have a substantially lesser waiting period.

• 15-5-23 Final judgment – Remarriage. (a) No judgment for a divorce shall become final and operative until three (3) months after the trial and decision. Final decree from the bond of marriage may be entered ex parte and in chambers on the suggestion of the prevailing party at any time within one hundred eighty (180) days next after the expiration of three (3) months from the date of decision. After the expiration of the one hundred eighty (180) days, final decrees may be entered only in open court and on motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall not be required in cases in which the original complaint is unanswered. (b) After entry of the final judgment for a divorce from the bond of marriage, either party may marry again.  History of Section. (G.L. 1896, ch. 195, § 19; P.L. 1902, ch. 971, § 6; G.L. 1909, ch. 247, § 19; G.L. 1923, ch. 291, § 19; G.L. 1938, ch. 416, § 19; P.L. 1939, ch. 707, § 3; P.L. 1940, ch. 945, § 1; G.L. 1956, § 15-5-23; P.L. 1976, ch. 338, § 1; P.L. 2016, ch. 13, § 1; P.L. 2016, ch. 14, § 1.)

• I am in a hurry to dissolve my marriage, do I have wait until the nominal divorce hearing which is typically 65 – 70 days after filing?

The RI legislature changed the law in Rhode Island and there is no longer a mandatory 60 day waiting period before the nominal divorce hearing.

However, in cases designated on the “nominal track”, the clerk of the Rhode Island Family Court typically schedules the nominal 65- 70 days after the filing of the complaint for divorce..

Can I file for an absolute divorce if we do not satisfy the one year residency requirement?

No. Until either party satisfies the one-year residency requirement, the only option is a divorce from bed and board, complaint for separate maintenance or a miscellaneous petition for custody, placement or child support.

Do mothers automatically get custody of young children?

No. Providence Family Court and the other Counties such as Kent County Family Court use the best interest of the child standard in determining custody of a child. Practical Tip: A mother who is a fit and proper person has a significant advantage in obtaining custody of a young child in RI Family Court.

What is the required child support arrears interest in Rhode Island?

Twelve (12) percent

What is a Divorce from Bed and Board and Future Cohabitation?

It is something that should almost never be filed. In this type of case, the parties go through the entire divorce process, but they remain legally married and do not obtain an absolute divorce. This is an outdated law that originated because RI is a heavily catholic state.

Why would a husband or wife select a divorce from Bed and Board in Rhode Island?

That’s a very good question. The prime rationale for this would be religious reasons or perhaps health insurance reasons.

Will the State of RI Child Support Enforcement waive interest owed to the State for child support or cash medical contributions?

The State of Rhode Island will only consider waive the amount of interest owed to Rhode Island and Providence Plantations for child support or cash medical contributions after the principal amount has been paid in full.

Can I get a divorce in Rhode Island by signing papers?

No. A nominal hearing / trial is required by statute to obtain a divorce in Rhode Island