Family Court in New Haven was Pretty Interesting Today

Today was raining so I decided to spend my day in New Haven Superior Court to see what actually goes on in Family Court. I have to say, it was very interesting, enlightening and somewhat discouraging. I could have sworn I watched Alan Shore (played by James Spader) or was it Denny Crane (played by William Shatner) from Boston Legal in front of Judge Richard E. Burke today. The theatrical antics were unbelievable.My first experience brought me to Judge Mark T. Gould's courtroom to hear contempt motions filed by the ex-husband regarding a $25,000 money transfer and the estimated $7,000 mortgage payment his ex-wife has not paid. The ex-wife's attorney argued that the language in the divorce decree was not clear as it relates to the "reasonable" household expenses that her ex-husband was responsible for. The mortgage payment was to be paid by her client but the property taxes were in question. Should the property taxes be included in the "reasonable" household expenses or should they be included with the mortgage payment. Judge Gould suggested a motion for clarification regarding this language be filed. At which point, testimony could be heard to determine the intent of this vague language. I may have missed something, but I don’t recall hearing the consequences of being in contempt for the money transfer or the mortgage payment. What does it mean when a party is in contempt? What are the consequences for being found in contempt? Maybe this will be addressed at the future hearing. Future court hearings equate to more attorneys fees.This hearing also made me wonder, how a divorce decree/contract could be vague at all. When a divorce decree is drafted, there are typically two attorneys involved and a judge signs off on it. Why would such “vague” language be included in any contract? What's the definition of reasonable? One thing I know that is unreasonable is having vague language in any contract, especially a divorce decree or parenting plan. Wouldn't it be a great idea to have divorce decrees and parenting plan templates for attorneys so that their clients can avoid misinterpretations that result in perpetuating litigation between ex-spouses? I guess this depends upon whom one is asking.My recommendation is for you to do your homework if you’re facing a divorce. Go to your local family courthouse and spend a day or two watching various hearings. Observe the attorneys in action. This will give you a pretty good idea as to which style would best suit you. You may need to spend more than a day or two because more and more cases are being self-represented. This means, that soon to be ex-spouses are representing themselves instead of hiring attorneys for $350 per hour. When it comes to your divorce decree and parenting plan, make sure the language is very simple and to the point. No vague words and no detail should be left out. More details equate to less headaches and less motions. I think this will save you a lot of time, money and frustration in the long run.Let me give you another example of a vague contract I am aware of in family court that has caused a lot of problems, both emotionally and financially, for one New Haven County family. When it comes to healthcare, make sure you specify whether a parent can take a child to an out-of-network healthcare provider or only an in-network provider. Secondly, make it clear in your parenting plan that if either of you disagree then both of you are responsible for scheduling an appointment with an agreed upon mediator before any decision is made. This is particularly important when it involves children. However, if emergency treatment is necessary then the mediation is obviously not feasible. You will want to define "emergency" as well in your parenting plan. I realize this sounds crazy but when it comes to divorce and children, the more precise you are in these two contracts, the less time you will spend going back to court, the less money you will spend on attorneys and the less time you and your ex-spouse will be in conflict.The link below is a parenting plan template that may be helpful:http://forum.dadsdivorce.com/viewtopic.php?t=13380I did spend more time listening to other family court hearings today, however, this blog ended up being longer than I had anticipated. I will post a future blog regarding the following:1. Filing a motion to remove a Guardian Ad Litem2. Restraining Orders3. Financial Affidavits in Family Court4. Delays in Family Court