Sunday, December 22, 2013

Since when do degrees make you a judge?


Dr.Sharon Ryan Montgomery holds a PsyD degree in New Jersey. Is that enough to recommend custody issues?  Take a peek! Looks like in this case a psychologist was competing with a judge for power. Will New Jersey replace their judges with psychologists? 

I have quoted portions of the case, if you wish to read the entire case you can google: DEBORAH WEISS, Plaintiff-Respondent, v. ERIC S. WEISS, Defendant-Appellant. DOCKET NO. A-1470-09T2 -- November 24, 2010


Superior Court of New Jersey, Appellate Division. DEBORAH WEISS, Plaintiff-Respondent, v. ERIC S. WEISS, Defendant-Appellant. DOCKET NO. A-1470-09T2 -- November 24, 2010 

"...The trial court ruled implicitly that the best interests of the children required a modified and simpler parenting schedule to reduce the parental disputes, to reduce the motion practice, and to reduce the children's strife and stress.   The ruling was contrary to the opinion of the parenting time expert, Dr. Montgomery, who concluded that absence from their father for seven days would not be in the best interests of the children.   There was not sufficient credible evidence in the record to support the reduction in defendant's parenting time to a level Dr. Montgomery believed was not in the best interests of the children.

Parental rights to custody and visitation are held “in high esteem” and are guaranteed judicial protection.  Wilke v. Culp, 196 N.J.Super. 487, 496 (App.Div.1984), certif. denied, 99 N.J. 243 (1985).   Our courts are committed to the principle that “children of separated parents should be imbued with love and respect for both parents, and where children are in [the] custody of one parent, the court should endeavor to effect this facet of the children's welfare by conferring reasonable rights of visitation on the other parent.”   Ibid. 

“[T]he matter of visitation is so important, especially during the formative years of a child, that if a plenary hearing will better enable a court to fashion a plan of visitation more commensurate with a child's welfare, it should require it.”  Wagner v. Wagner, 165 N.J.Super. 553, 555 (App.Div.1979), certif. denied, 85 N.J. 93 (1980).   Resolution of parenting time should not be made on the basis of conflicting certifications and an otherwise insufficient record.   See Fusco v. Fusco, 186 N.J.Super. 321, 327-29 (App.Div.1982).

Where the parties' certifications are conflicting, and where a proposed modification to a parenting schedule partially contradicts the “best interests” opinion of the sole parenting time expert, a plenary hearing before reducing parenting time will usually be required.   In light of those considerations, a plenary hearing should have been conducted..." (This case was remanded back on the parenting time issue)

If you have had problems with Dr. Sharon Ryan Montgomery, you can complain to the licensing board by contacting J. Michael Walker, Executive Director, Board of Psychological Examiners, PO Box 45017, Newark, NJ 07101, (973) 504-6470 or visit the website
http://www.state.nj.us/lps/ca/psy/

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