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Scion v. White: Vexatious Litigation and Abuse of Limited Court Resources

In this case, the Triage Judge was presented with a litigant who repeatedly brought motions seeking the same relief despite being informed that the matters are not urgent and will not be heard at this time.

On March 24, 2020, the Triage Judge allowed the father’s request for parenting time to proceed as urgent, but that the financial and property issues were not urgent and were therefore not permitted to proceed. Notwithstanding this Endorsement, the father brought another emergency motion on the financial issues. In a further Endorsement on March 27, 2020, the Triage Judge expressed the concern that the parties in this case had a history of abusing court processes and again confirmed that the property and financial issues are not urgent. The Triage Judge also imposed restrictions on the father’s ability to bring further motions and ordered that no motion may be brought within 60 days of having received a denial from a Judge. In a separate Endorsement from the judge who heard the father’s request for parenting time, it was determined that the access request was also not urgent.

Nevertheless, the father brought another motion on the same issues on March 30, 2020. Not surprisingly, the Triage Judge did not allow the father to proceed with the motion and warned that the parties are now approaching the point of becoming vexatious litigants. On the issue of access, the Court reiterated the expectation that the parties exercise common sense and act in a good-faith to facilitate access. As such, it is important to resolve parenting disputes without unnecessarily resorting to judicial intervention and expending the Court’s limited resources during these challenging times.

For more information, please call us at Feldstein Family Law Group P.C. or contact our firm online.

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