A DIVORCE JUDGE DOES NOT HAVE THE AUTHORITY TO PLACE PRECONDITIONS ON THE FILING OF A COMPLAINT AGAINST AN EX-WIFE AND HER LAWYER

4/19/2010

CHICAGO-(AEAE)- An New York Appellate decision issued on February 3rd this year in Parish v. Parish, the appellate division issued an important opinion on the limits of the authority of family court judges. In this case, the motion judge issued an order that the parties must first conduct a four-way settlement conference before all future post-judgment motions could be filed.
The appellate division, held this to be an abuse of discretion and a violation of due process since it fundamentally restricted access to the court. A father in a divorce has the constitutional right to sue his ex-wife and her attorney anytime and every time he has a valid cause of action without having to request leave of any court.

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