This is part 2 of a three-part series, concerning visitation battles in Rhode Island Family Court. This visitation article was authored by RI child custody attorney, David Slepkow. David has over 27 years of experience representing clients in divorce, child support, visitation and custody matters in Providence Family Court.
“Your visitation time does not start until 2pm” feud
see also 1 of 3, “Innocent Kids Ballgame Devolves into pitched Custodial Battle w/ ‘Troops’ Amassed”
These parties have been to so many RI Family Court hearings concerning visitation and custody that the clerk and court reporter snicker when they approach the bench. The parties have fought each other tooth and nail over everything from visitation to child support. At this point, the parties are both representing themselves, pro-se.
A litany of prior lawyers- attorney abuse
A perusal of the Family Court file will show that father and mother have used and abused a litany of different custody attorneys in RI, over the years. These RI Family Law attorneys have withdrawn, been discharged or their representation ended for no known reasons. Sometimes, it is unclear whether these Rhode Island visitation attorneys are still representing ‘these people.’
(This RI law article is not based on any particular case, but is similar to the garbage that I have seen over past 27 years in contentious Rhode Island visitation cases in RI Family Court. I want to emphasize that the vast majority of cases in family Court are with parents who do care about their children and do not act like idiots as described in this article)
No one alive knows what it means
The procedural history is so convoluted that no one alive can decipher all the orders and which ones still-apply and which ones have become irrelevant by implication. There have been so many restraining orders, emergency motions, contempt motions, conflicting orders, hearings and mediation sessions that it would make a grown man’s head spin. Numerous judges, magistrates and judicial officers have been involved, at one time or another. There have been criminal cases, dcyf cases, protection from abuse actions, adoption proceedings and juvenile actions.
Everyone alive wants these people to go away, but they want “justice.”
When these people approach the bench for their Providence Family Court hearing there is a meeting of the mind among everyone except these people and the consensus is “GO AWAY.” But these people can never understand that. They never will. They have been wronged and they are in the RIGHT and they want JUSTICE! At the heart of this war is the parties’ complete inability to communicate. The feud is fueled by a punch, counter punch mentality in which they are constantly attempting to get vengeance for past wrongs. No one can be reasonable anymore. No one can compromise. No one can end this. No one can put the best interest of the children at the forefront. No one will engage in mediation.
“It’s all the other parent’s fault”
Both parties will tell anyone who is still willing to listen that they are concerned how this feud is harming their children. However, according to them they cannot stop it because it is all the other party’s fault. Predictably, no one in the Court can understand this feud, at this point in time. No one besides the litigants and their family / friends cares anymore. They want justice. They want retribution for past wrongdoing. They want their day in Court! They want a trial! An airing of their grievances and a hearing on the merits! Neither has a damn clue what they would do if they actually obtained that long sought after, yet never attainable testimonial hearing!
“Those people again” the clerk snickers
“Those people again” the clerk snickers. Everyone thinks: How can we get these people to go away? “Go away! Get Lost.” The few people in the audience brave enough to peruse this unmitigated pile of dog crap are not sure if they should laugh or cover over their face in disgust. Rhode Island child custody lawyers see these types of wars on a day to day basis. RI divorce attorneys litigating causes of action in Providence Family Court often feel that their job constitutes a mix of baby sitting and enabling.
The answer is easy: “We are going to mediate this and come back in six weeks!’ Next case.”
Mediation can be in some circumstances a fancy word for “go away” in these types of cases. Courts do not have the resources or time to get to the bottom of these custodial brouhahas, so the easy answer is mediation or co-parenting counseling. The easy answer is a continuance and send them to mediation and the problem goes away for several weeks
Fast forward it two weeks later and we have an international incident because the midget soccer game is moved from its normal time of 12:30pm to 9 am because of the local fair that is in town this week that needs to use the field. THE Court orders don’t address this! We have a real problem here. -Dare I say an international incident- See part 3 of 3