Child Custody, Visitation & Relocation

Property Settlement Agreement Requires Mediation Prior to Litigating Custody or Parenting Disputes

In the family law and child custody litigation case of Piscopo v. Piscopo, 20-2-5038, App. Div., plaintiff Brian Piscopo appeals from a Family Part order that denied without prejudice his application to restrain defendant Michelle Piscopo from moving to Holmdel, N.J., with the parties’ children and modifying the parties’ existing custody and parenting time arrangement. In January 2013, defendant announced her intention to purchase a home in Holmdel, located in Monmouth County. Plaintiff filed an application to restrain defendant from moving. He argues that under the consent order and the parties’ verbal modification thereto, he enjoys nearly equal parenting time with defendant. He contends defendant’s move to Holmdel would eviscerate this shared parenting arrangement, and involve a longer commute to his job in New York City were he to similarly move to the Holmdel area. Defendant cross-moved, seeking to temporarily modify the parties’ custody and parenting time arrangement pending plaintiff’s own move form the marital residence. The motion judge denied both parties’ applications without prejudice. Citing the parties’ agreements to attempt to first resolve future disputes without court intervention, and the public policy favoring the settlement of disputes, the court directed the parties to attend mediation to address their parenting time concerns, consistent with dispute resolution provision in their consent order. As the motion judge correctly noted, the consent order, incorporated in the PSA and JOD, expressly provides for dispute resolution, including mediation, prior to litigating custody or parenting time disputes. On this record, the appellate panel affirms, finding no abuse of discretion by the motion judge in enforcing the parties’ dispute resolution agreement. Plaintiff does not argue that the parties’ dispute is emergent, nor has plaintiff sought a stay of the trial court’s order in the year-plus period that this appeal has been pending.

Reference: Case & Analysis, New Jersey Law Journal, 217 NJLJ 726, (Monday, September 1, 2014)

Filed Under: Family Law, Child Custody, Mediation

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