Q: My ex husband filed motion 2years ago asking for reunification therapy his request was denied.
Now 2 years later he has filed motion again for reunification therapy . Today our daughter is 16 1/2 I know she wont want to participate. Can he filed a motion for this again? , after he was already denied?
A:
The fact that the court denied your ex's application 2 years ago does not give me enough information for me to answer the question.
Did the court deny his application 2 years because he failed to follow specific procedures set forth in the divorce agreement or did the court review the merits of his request and find that his request was without merit?
Without a lawyer being able to review the pleadings filed by both of you in connection with that application and review the order of the court and the statement of reasons provided by the court for its decision, its impossible to tell you what a judge will do with this application.
On a separate note, I don't know if your daughter is planning to go to college or trade school after high school, but if the court finds that she has refused to cooperate with the orders of the court for reunification and refused to cooperate with her father's efforts to re-establish a relationship, her actions can then be used by the court to deem her emancipated upon graduation from high school and permit her father to terminate his obligation to contribute to her post-high school educational costs/child support. If your expectation is that she is planning to continue her educational pursuits after high school and she wants her father to continue to contribute to her costs, then she might want to rethink her refusal to meet with him in a therapeutic setting - since that refusal can be considered by the court when deciding whether to deem her emancipated.
A: Thank you for your question. In a situation like the one you describe, in order for a person to prevail on a second motion requesting the same relief that was previously denied, they would have to show a change in circumstance since the previous Court Order. This could include a variety of factors. Additional information is required to better assist you. I suggest that you schedule a consult with an attorney for guidance with this issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
