Order On Motion and Cross Motion With Supplemental Trial Order
Order On Motion and Cross Motion With Supplemental Trial Order
Order On Motion and Cross Motion With Supplemental Trial Order
03-12-2021
Hon. Angela White Dalton, JSC
Prepared by the court
_____________________________ SUPERIOR COURT OF NEW JERSEY
: CHANCERY DIVISION
Bryan Alintoff : FAMILY PART
: COUNTY OF MONMOUTH
:
Plaintiff, :
: Docket No. FM-13-545-12C
:
v. :
: Civil Action
:
: ORDER
Rachel B. Alintoff :
Defendant. :
_______________________________
THIS MATTER, having been scheduled for a hearing on December 11, 2020 before the
Honorable Angela White Dalton, Judge of the Superior Court, upon the application of Rachel B.
Alintoff, defendant (“wife”), Demetrios K. Stratis, Esq., appearing, and opposition and cross
motion by Bryan Alintoff, plaintiff (“husband”), William A. Miller, Esq., appearing, and the
court having read and considered the pleadings filed herein, and for good cause shown:
1. Defendant’s request that custody of the minor child of the marriage, Hayden Alintoff
(born August 16, 2009) be immediately transferred to the Mother pending further order of
2. Defendant’s request for an order permitting her to enroll the child in a school district
3. Defendant’s request for an order requiring plaintiff to immediately provide insurance for
the minor child, Hayden Alintoff is addressed as follows: Plaintiff has already provided
proof that he has procured and maintained medical insurance for the minor child. Plaintiff
shall, if not having done so already, provide an identification card or the identification
Prepared by the court
number so that defendant mother may access insurance to obtain treatment, therapy or
4. Defendant’s request for an order permitting her to enroll the child in ABA therapy
pursuant to Orders of the Court previously entered at such time that insurance is secured is
addressed as follows: There is no objection by plaintiff. The parties agree that Hayden
shall have ABA therapy. The parties shall cooperate in obtaining ABA therapy in both
homes. The ABA therapy shall begin gradually per the recommendations of Dr. Atanasio
there shall be a plan and established goals to implement the ABA therapy for a specifically
defined period. After 90 days of ABA therapy, and each 90 days thereafter, a report shall
be generated by the ABA therapist and provided to the court, the parents and Hayden’s
above.
evaluation as set forth in the Orders of Judge Linda Grasso Jones is GRANTED as
follows: Defendant shall be evaluated to investigate possible underlying conditions for her
emotionally charged and unregulated behavior toward plaintiff, her tendencies toward
cyclic emotional outbursts, recurring and problematic information processing issues. The
neurological evaluation did not address neuropsychological issues and did not address any
of the concerns in the Order of 8August 28, 2014. The neurologist’s evaluation did not
rule out the need for a psychiatric evaluation, and it does not appear the doctor had the
relevant facts and information upon which to form an opinion as to the need for
psychiatric evaluation. Defendant has not furnished proof that she has obtained Cognitive
Prepared by the court
Behavior Therapy for the acquisition of adaptive problem solving strategies and
responses. There has been no proofs provided that this has been engaged, and if not,
defendant shall engage this therapy. In addition, given the recent developments since
evaluation for the purposes set forth in the August 28, 2014 Order, and that the
neuropsychologist shall be presented with Dr. Baszczak’s report, the Order and Opinion of
August 28, 2014, and all Orders since August 28, 2014 relevant to custody (including
treatment or ABA therapy for Hayden) and parenting time. The neuropsychologist shall
Jones on June 21, 2016. As stated in the Order of August 28, 2014, the neuropsychologist
7. Plaintiff’s request for an order requiring defendant to engage in the cognitive therapy set
forth in the Orders of Judge Linda Grasso Jones and to provide verification that she is
therapy as set forth in the Orders of the court and provide verification that she is engaged
in the program is DENIED WITHOUT PREJUDICE. This court is unable to find an Order
9. While the Order of August 28, 2014 allowed defendant to select the professional, herself,
this court finds based on what was selected and submitted by defendant as a report
satisfying the Order that the professional shall be selected by this court. The court directs
that by April 1, 2021 defendant shall propose the names of 3 professionals who may be
Prepared by the court
considered to conduct the evaluation, on notice to plaintiff. The court will select from
among the three proposed. The report shall be conducted within 60 days.
10. Plaintiff’s request for an order that the Division of Child Protection and Permanency shall
release any and all records of the investigation of either party for an in camera review by
the court and for distribution to Counsel as the Court deems appropriate is DENIED
WITHOUT PREJUDICE. The Attorney General, as counsel for the Division of Child
Protection and Permanency, was not noticed of this application. Therefore, without notice
to DCP&P, a necessary party, the court cannot grant this requested relief. Plaintiff may
11. Plaintiff’s request for an order that any recommendations made by the Division of Child
implemented is DENIED WITHOUT PREJUDICE. This court is not aware of any such
party was filed for emergent relief by way of Order to Show Cause, and a DCP&P
investigation is presently pending. This paragraph does not address any future
involvement.
12. Plaintiff’s request for an order that the visitation schedule presently in effect be modified
to allow each party two weekends a month instead of the one for plaintiff is DENIED
WITHOUT PREJUDICE.
13. Plaintiff’s request for an order requiring defendant to pay his counsel fees and costs as
assessed by Judge Justus previously shall be addressed during the pending trial on cause
have resolved her bankruptcy and has not paid child support in more than five years is
addressed as follows: child support shall be addressed at the divorce trial where all
economic issues shall be considered. addressed and the court can determine a proper
Mallamo adjustment.
15. Plaintiff’s request for an order granting sole Legal Custody of the minor child to plaintiff
16. Plaintiff’s request for an order that this action be bifurcated to allow the cause of action
DENIED. The court anticipates a trial on the economics to be conducted imminently and
schedules a trial for May 24-28, 2021. Briefing and pretrial exchanges have been
provided in March 2020. Counsel shall jointly meet and confer (virtually) to update any
needed items and exhibit lists. Updated Case Information Statements shall be filed by
May 3, 2021. Updated sealed settlement proposals shall be filed by May 3, 2021. Trial
shall commence with each party’s cause of action for divorce, followed by each party’s
case in chief regarding economic issues (equitable distribution, alimony, child support,
17. Counsel fees sought in this motion, the applications for relief by way of Orders to Show
18. Both parents shall engage in co-parenting counseling. They shall each select 3 proposed
counsellors and exchange them with counsel. If they cannot agree on a counselor, the
The court delivered an oral opinion pursuant to R. 1:6-2(f) on March 12, 2021 in the presence of
both parties and counsel.
Prepared by the Court
1. This Order supplements the Order scheduling trial in this matter. The following materials
a. No less than 10 days before trial, each party must submit a Trial Memorandum,
which shall include a brief statement of the case, a list of the settled issues and a
recitation setting forth the unresolved issues together with the proposed disposition.
With respect to the unresolved issues, counsel shall include, in a separate section for
each issue, the factual and legal contentions. References to supporting case law and
iv. Applicable FV and FD files must be obtained, via notice to the Clerk’s
office and referenced in the brief.
xi. Each issue must be separately addressed in its own section of the brief
with fact and law. For example, an alimony claim must address each
of the statutory criteria, the applicable law relied upon, and the specific
factual basis, including but not limited to the needs of the petitioner,
the gross and disposable income of each party, the needs of the obligor,
the fax consequence calculations, and the independent assets of each
party.
of the report must be annexed unless already filed. Witnesses not previously disclosed
e. Exhibits must be pre-marked and identified, and a summary list provided indicating
any stipulations or objections between counsel. Each exhibit must have a short title
for the record. Each party shall also file an updated Case Information Statement.
f. Pursuant to Evidence Rule 1006, when multiple bills are being presented to the Court
for consideration, counsel must provide an Excel spreadsheet listing all bills by
provider, payment made, and a summary of the total amount of each category of bills.
5:3-5, R. 4:42-9(b) and RPC 1.5(a). Disclose amounts paid-to-date, amount owed and
have a copy of the retainer agreement annexed. This section must also include a
factual and legal argument with reference to the statute and case law, together with a
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financial analysis based upon the incomes and assets of the parties. If only one party
is seeking an award of fees, the other party must still submit this information so that
2. The materials required by the Court must be filed no less than ten (10) days prior to the trial.
A copy of the trial memorandum, witness lists, expert reports, exhibit lists, and pre-marked
exhibits must be served on the opposing counsel at the time of filing with the Court.
3. Both parties shall provide the court with a sealed settlement proposal representing the terms
upon which they are willing to settle before trial. The Court will not open these envelopes
unless the matter is tried and only after the court’s only remaining issue to decide is counsel
4. Due to virtual protocols, all submisshions shall be filed via JEDS (Judicial Electronic Filing
System). Any filing deadline shall be as of 4:30 p.m. to JEDS on the date due.
5. This Order was served on both attorneys on this date by fax or mail, or both by chamber’s
staff.
____________________________
Hon. Angela White Dalton, J.S.C.
3
SUPERIOR COURT OF NEW JERSEY
MONMOUTH VICINAGE
Chambers of Monmouth County Courthouse
HON. ANGELA WHITE DALTON, 71 Monument Park
J.S.C. Freehold, New Jersey 07728
(732) 358-5308
NOTICE
1. Protocol for Pre‐Hearing Submission of Evidentiary Exhibits
a. The submission of the Electronic evidence files should normally occur after the parties are
reasonably sure that the lists are complete to avoid a piecemeal submission of files to the
court.
b. Counsel or moving party must pre‐mark all Evidentiary exhibits – documentary, audio,
video – using the following naming convention. Plaintiff’s Exhibit: P‐1; Defense Exhibit: D‐
1; Joint Exhibit: J‐1;
c. File Type Requirements ‐ All Electronic exhibits are to be submitted only in these formats
Exhibit Types Allowable File Types
Documents .pdf
Images, Pictures .jpg, gif, .png, .pdf
Audio Recordings .avi, .mpg, .mp3, .mp4
Video Recordings .avi, .mpg, .mp3, .mp4
d. Exhibit files are not to be encoded with any proprietary software, and they must be
readable by computers running Microsoft Windows software without the need to install
any additional proprietary tools.
e. File sizes are not to exceed 500MG. Exhibits exceeding this size must be separated into
smaller files. Images may be reduced in size by reducing their dimensions, usually with
minimal effect to viewing quality.
f. Documents and images must be properly oriented for viewing.
g. At least ten (10) days prior to the scheduled hearing/event, all submissions must be filed
with the court in conformity with all applicable Court Rules. For domestic violence trials
or other summary proceedings (including Orders to Show Cause) the court may permit a
shortened time (24 hours before). In a plenary FM pre or post‐judgment hearing, dates
will be different. Please familiarize yourself with them.
h. All submissions must be electronically sent via email with the necessary attachments to
the opposing counsel, law clerk ([email protected]) and
secretary ([email protected]) and filed via JEDS.
i. It is the responsibility of each counsel or party to make sure on the day of the hearing all
submitted exhibits are readily accessible and available electronically to counsel, client,
any other interested party such as expert witness, victim, detective etc.
j. The court will have all previously submitted Exhibits readily available electronically for
its use.
k. Submission of noncompliant exhibits will result in delay of proceeding. If the court
determines that a submitted exhibit does not meet the above requirements, the court
will request that it be refiled in a format that complies with the above requirements.
2. Protocol for Use and Submission of Evidentiary Exhibits during the Virtual Courtroom
Hearing
a. All parties, including the non‐moving party, prior to the start of the Virtual Courtroom
proceeding must have all exhibits uploaded to their respective electronic devices.
b. The Court expects no delays from party’s failure to strictly adhere to the electronic exhibit
submission protocols and/or the use of proper electronic Exhibit formats during a Virtual
Courtroom proceeding.
c. If it becomes necessary at the hearing, additional exhibits which (i) with due diligence
could not have been made available to the moving party prior to the hearing; or (ii) the
moving party didn’t reasonably anticipate using it at the hearing; or (iii) for other good
cause shown satisfactory to the court, may be submitted by the parties to the court. The
court may adjourn the matter to permit the moving party to e‐file Exhibits in accordance
with the protocols set forth above, or the court, within its discretion, may proceed
otherwise. The file type, format and size requirements outlined above for Pre‐Hearing
Submissions still apply and the electronic exhibit file(s) submitted to the court must also
be electronically sent via email with the necessary attachments to the opposing counsel,
law clerk ([email protected]) and secretary ([email protected]).
Date:effective 2/1/21