ProSeNoSay
New Member
Hello All!
Here are the basic details. Divorce in Illinois, final in 2002, with neither parent being named primary residential custodian. Majority of parenting time was given to the father 70/30 split at the mother's request. Stipulations in the decree stated that after 3 years either parent could petition the courts to be named primary residential custodian and ask for Child Support (CS).
In May 2005 my DH availed himself of this right and filed. After a lenghty process, all non partial 3rd party court appointed officials stated that my DH should retain custody of the children. In November of 2006 DH was awarded custody and CS and the trial judge made it a point to write in his final judgement that he has "...serious reservations about the credibility and believablity..." of the mother.
In October of 2005, the mother's attorney began to file Rules to Show Cause (RTSC) in an attempt to build their case. By the time the trial ended in November 2006 the attorney had filed 10 RTSC. At that time, when the mother lost her case, her attorny withdrew due to lack of payment leaving the RTSC outstanding.
Since that date, the mother has filed 10 more RTSC, 20 total. These were all tried in September of 2007 and all have either been discharged outright or deemed flawed in some manner.
That still hasn't stopped her. In January 2008 she filed yet another RTSC. This particular one highlights her vexacious litigation becuase it is identical to one that she filed on the same date in January 2007. The judge dismissed the 2007 motion and orally reprimanded her for such filings.
Upon her filing of this last motion we filed for sanctions under Supreme Court Rule 137 stating that the judge dismissed an identical motion just 3 months prior so the 2008 motion was not founded in fact making the entire document false and harassing litigation. We feel that until she is levied with some sort of fine, community service, or other sanction, she will not cease this behavior.
Case in point, her January 2008 motion was dismissed because she did not follow the local court rules for filing. She told us on the way out of the court room that she would fix her errors on the motion and would re-file by the end of the week. We have no doubt that this will happen.
The judge has orally reprimanded her several times over these filings however has yet to levey her with any punishment for the abuse of his courtroom or the legal system. He has told her that his courtroom is not her personal arena to air her grievences and he has threatened to find her in contempt for lying to his face.
Mediation has been offered to her by my DH to discuss the issues and vagueness of the decree's wording to no avail. The mother refuses mediation and will only discuss things in front of a judge. She believes that the judge will place my DH in jail and award her sole custody if she files enough of these RTSC.
After 3 years, 20 RTSC and several threats of action against her, none has been taken. Clearly this is harassment and I am wondering if there is anything that can be filed to block her from filing or any other case law that we can use to plead for sanctions. We also would like to get a court appointed psych eval done on her because she does suffer from Bi-Polar Disorder among other things.
The children are 5 & 8 now and I know that this behavior on her part will not cease until the children are 18.
Please help us.
Here are the basic details. Divorce in Illinois, final in 2002, with neither parent being named primary residential custodian. Majority of parenting time was given to the father 70/30 split at the mother's request. Stipulations in the decree stated that after 3 years either parent could petition the courts to be named primary residential custodian and ask for Child Support (CS).
In May 2005 my DH availed himself of this right and filed. After a lenghty process, all non partial 3rd party court appointed officials stated that my DH should retain custody of the children. In November of 2006 DH was awarded custody and CS and the trial judge made it a point to write in his final judgement that he has "...serious reservations about the credibility and believablity..." of the mother.
In October of 2005, the mother's attorney began to file Rules to Show Cause (RTSC) in an attempt to build their case. By the time the trial ended in November 2006 the attorney had filed 10 RTSC. At that time, when the mother lost her case, her attorny withdrew due to lack of payment leaving the RTSC outstanding.
Since that date, the mother has filed 10 more RTSC, 20 total. These were all tried in September of 2007 and all have either been discharged outright or deemed flawed in some manner.
That still hasn't stopped her. In January 2008 she filed yet another RTSC. This particular one highlights her vexacious litigation becuase it is identical to one that she filed on the same date in January 2007. The judge dismissed the 2007 motion and orally reprimanded her for such filings.
Upon her filing of this last motion we filed for sanctions under Supreme Court Rule 137 stating that the judge dismissed an identical motion just 3 months prior so the 2008 motion was not founded in fact making the entire document false and harassing litigation. We feel that until she is levied with some sort of fine, community service, or other sanction, she will not cease this behavior.
Case in point, her January 2008 motion was dismissed because she did not follow the local court rules for filing. She told us on the way out of the court room that she would fix her errors on the motion and would re-file by the end of the week. We have no doubt that this will happen.
The judge has orally reprimanded her several times over these filings however has yet to levey her with any punishment for the abuse of his courtroom or the legal system. He has told her that his courtroom is not her personal arena to air her grievences and he has threatened to find her in contempt for lying to his face.
Mediation has been offered to her by my DH to discuss the issues and vagueness of the decree's wording to no avail. The mother refuses mediation and will only discuss things in front of a judge. She believes that the judge will place my DH in jail and award her sole custody if she files enough of these RTSC.
After 3 years, 20 RTSC and several threats of action against her, none has been taken. Clearly this is harassment and I am wondering if there is anything that can be filed to block her from filing or any other case law that we can use to plead for sanctions. We also would like to get a court appointed psych eval done on her because she does suffer from Bi-Polar Disorder among other things.
The children are 5 & 8 now and I know that this behavior on her part will not cease until the children are 18.
Please help us.
