Legal Question in Family Law in Wisconsin

When does it become frivilous?

My duaghter's dad constantly is taking me to court, to mediation or threatening to. I have spent over $30,000 in the last 10 years.

Recently his attempts have become frivilous in my opinion.

We just went before the court commissioner because he claimed the new school schedule didn't allow for 110 days of visitation. It actually did. Even more.

Plus even though the court order indicates that he has 110 days of visitation per year I have always made sure he has more.

The commissioner looked at the school schedule and said yes there was 110 days. She then told him to submit which 110 days he wanted. He did that.

So in other words, he took me to court claiming I was in violation of the court order because he didn't have 110 days of visitation. However he did, and then admitted it by submitting which 110 days he wanted.

Basically he took me to court because he couldn't count. (Actually what he was REALLY trying to do was push my buttons, create drama and do ANYTHING to get the custody case re-opened.) Is this frivilous?

Can I seek money for him to pay my legal bills? There are more stories...he does stuff like this A LOT. I just want it to stop!! Can anyone help?


Asked on 8/28/03, 5:44 pm

4 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: When does it become frivilous?

from your facts so far, you may have very strong causes of action for abuse of process and wrongful initiation of civil proceedings. if you would like to email directly with your contact information for a free case evaluation/consultation, along with more specific facts, my law firm should be able to assist you in these matters promptly.

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Answered on 8/28/03, 5:55 pm
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: When does it become frivilous?

Hello,

I agree with the previous answer, but it was not clear whether your case is in California or Wisconsin. if in California, maybe Mr. Torrey can help you, though I dont believe lawyers are supposed to solicit directly on here. If you are in Wisconsin, he cant help you. You would have to get a Wisconsin lawyer. Best wishes, Mark J. Mahoney

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Answered on 8/28/03, 9:48 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: When does it become frivilous?

The family court in California can order him to pay some or all of your attorney fees.

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Answered on 8/28/03, 11:32 pm
Donald Holben Donald R. Holben & Associates, APC

Re: When does it become frivilous?

While I do not know if you can accomplish anything at this time (after the last matter was decided), next time, include fees as a response when he does this again. 800-685-6950

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Answered on 8/29/03, 12:25 pm


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