When you’re involved in a family law matter whether it’s a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an uncooperative opposing party or counsel. These situations can lead to unnecessary delays, frustrations, distress, and complexity during what is already a trying time.
How best to deal with an uncooperative opposing party and counsel? Adhere to the rules of civil procedure and court orders, stick to your plans (don’t get distracted), and refuse to fight fire with fire.
Utah Rules of Civil Procedure
It’s critical to adhere to the Utah Rules of Civil Procedure (URCP); these rules are there to ensure fairness and order in the legal process. In addition to the rules, the court may issue pre-trial and other orders during the pendency of the case that set deadlines and govern the parties’ behavior. It is even more important to ensure compliance with the rules and court orders when confronted with an uncooperative party or counsel.
If the opposition fails or refuses to comply with deadlines, other court rules, or court orders to engage in delay and other obstructionist tactics, hold them accountable. Under the URCP, sanctions can be requested for an opposing party’s failure to comply with court rules and court orders. Enforcement measures can be a useful tool for ensuring the opposition understands the consequences of their actions. Remember, however, that invoking the rules to enforce them is not effective if you aren’t complying with court rules and orders yourself. And note that bad actors try to exploit the rules and the court’s orders to obtain an unfair advantage. Stay frosty.
Keep your own standards high
It can be tempting to mirror the behavior of an uncooperative party, but don’t sink to his/her level. As frustrating as it may be, playing their games will only lead to unnecessary complications, make you look—in the court’s eyes—just as bad as the other guy, and potentially damage your case. It’s tempting and it’s easy to get caught up in tit-for-tat but maintaining professionalism and good character works in your favor in the long run. Your good character and credibility with the court is paramount.
Additionally, be aware that in family law cases, the court is particularly sensitive to behavior of parents and their supporters that could harm children emotionally and psychologically. If the opposing party’s actions are undermining the best interests of the children.
Document, document, document
One of the most effective ways both to protect yourself and advance your case is to document carefully and comprehensively. Keep a complete and accurate record of all communications with the opposing party and his/her counsel. This can be invaluable if the matter escalates and you need to present a timeline of noncompliance to the court. Moreover, your documentation will establish what efforts you made to resolve issues fairly, efficiently, and amicably.
Don’t allow the opposition’s tactics to derail your case
Remain calm, composed, and focused on your objectives. Courts appreciate parties who stay focused on resolving the legal issues and doing so on the merits, not parties who engage in juvenile squabbles.
Whether the opposition is withholding information, making unreasonable demands, or engaging in a smear campaign, it’s crucial to maintain your composure and stick to the merits of the case. Judges do not look kindly upon parties or counsel who engage in cheap tricks. If and when the opposition tries to provoke you, your best course of action is to stay focused on the merits. Presenting your case honestly and with respect for the court not only keeps you out of trouble but makes your arguments more persuasive.
Seek court intervention when necessary
Courts are overwhelmed with more work than they can handle. Even if they weren’t, judges and commissioners do not like being drawn into personal disputes between the parties and/or their attorneys. If you can legally and prudently resolve or mitigate difficulties the opposition is causing without having to involve the court, do so.
In extreme cases where the opposition is running amok with seeming impunity, it may be necessary to seek court intervention. The court can impose sanctions for failure to comply with its rules and orders. The court can sanction actions of the opposition engaged in for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation (see URCP Rules 11, 37, and 83).
Conclusion
Effectively managing an uncooperative opposing party or counsel in family law cases hinges on strict adherence to court rules, meticulous documentation, and a commitment to professionalism. By following court rules and court orders and by resisting the temptation to mirror sharp practices, you not only maintain your credibility with the court but also help focus the court on the merits of your case. Upholding these principles 1) safeguards your interests and protects the well-being of any children involved; and 2) helps you access the court’s help to enforce compliance and ensure a fair, orderly resolution of your legal matter.
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