Wednesday, May 26, 2010

New order issued

I guess I spoke too soon about Cmr. Joseph being fired. He is still causing trouble.

Last Friday, the day he got his pink slip, he signed a new custody order for my kids and mailed it to me.

I must have some misunderstandings about the American legal system. I thought that such orders can only result from someone making a motion to the family court, allowing both sides to present legal arguments and witnesses, and the family court judge issuing a ruling.

Cmr. Joseph is not even the family court judge. He is not even a real judge. He is the acting juvenile delinquency court judge. No one made a motion to either him or the family court. My ex-wife did send him an email asking for some legal advice, but he did not answer that. Not to my knowledge, anyway.

The order was a rubber stamp of what the $20k psychologist recommended. He had not even discussed his recommendations with us. He just sent them to the court and to Cmr. Joseph, as if they were the best thing to do. So I am ordered to do something without even any notice that it was under consideration.

Here is the visitation order:
6. Plan 1. Father shall have one supervised visitation per calendar month with the children. These visits shall occur on Saturday or Sunday. These visits shall last two hours. Mother shall provide father with a list of available dates and specific times (e.g. 9:00 a.m. to 11:00 a.m., Noon to 2:00 p.m.) at least one month in advance (for example by July 1 she will provide the available dates for the month of August). Father will then select the date and once the date is set there shall be no changes to it. Father shall select the supervisor from the County list of accepted supervisors (he may continue with Ms. XXXXX if he so determines). Father shall be responsible for all fees associated with these visits. No longer than 45 days shall pass between the visits unless agreed to by the parents.
The court clerk also sent copies to my ex-wife, some lawyer who was fired from the case 2.5 years ago, and to the $20k psychologist. I never heard of a court sending a copy of a court order to a witness who is not a party to the case.

Cmr. Joseph's unfairness and maliciousness surprises me. It appears that he wants to cause as much damage as possible before his termination.

9 comments:

Anonymous said...

George,

Been reading your thoughts for a while. I think it's time you take a new approach. Otherwise, the system will ruin you and turn your children against you (by design). I suggest you file a federal lawsuit against california for violating your constitutional rights (due process, right to property, right to trial, etc.)

http://www.nytimes.com/2010/02/18/opinion/18bettelheim.html

You will get no where with these clowns and should waste your time on something more meaningful like a federal lawsuit. Otherwise they make you look like an ass.

Anonymous said...

not a bad idea, anyone up for a class action? BTW, check to see if this "order" is appealable/repealable since once again JJJ didn't follow due process. He did the same thing to me. And yes, he's likely feeling vindictive since he was let go. I'm waiting until he's officially out before I file any further motions.

Anonymous said...

George,

I would love to file a class action, I thik if we could get say 10,000 signatures from california we might have a nice case. And statistically we could use the same logic that the women who are sueing Walmart for are using. Simple bias, in fact all statistics point to the clear bias in the court system.

Anonymous said...

I'd imagine it'd be hard NOT to get 10K signatures in this state alone. How can we kick this off? If you're game, can you post something requesting help/signatures/whatever? Or at least floating the idea of a class action suit?

George said...

I have considered a federal lawsuit, but there are procedural obstacles. Getting a sympathetic judge would be pure luck.

Anonymous said...

surely there's got to be some atty out there sympathetic to the cause. Maybe some law school prof would take it pro bono with some students,etc? We really have to start doing something concrete if things are going to change and I just don't see it happening other than blogging. That helps identify the issues and connects people to them, but then there has to be some sort of action otherwise we're just sitting here impotently. Use the system, use protest, use whatever works, there's some seriously entrenched interests wanting to keep things the way they are so it's going to take work.

BTW, really, what is the incentive for separation of fathers from their children by the system? I can understand why the mothers would do it from a revenge and increased $ standpoint, but really, I've not gotten a clear picture why courts, shrinks, social workers etc. Must be a variety of reasons but I'd like to see a more comprehensive theory. Glenn Sacks a good resource for this?

George said...

If you figure out how to get a case heard in federal court, include me in.

Anonymous said...

frankly, it would be far more effective and in the long run cheaper to simply put together a political action committee, take a bunch of donations from various angry dads (and moms, it's the system, after all) and buy ourselves an influential member of congress or two. The sympathy and effectiveness of the bought congress member will of course be directly proportional to how much money s/he's paid. It's the only way it'll really get done, no way will the judiciary branch do anything to jeopardize it's control and power over the populace by overturning the rulings of the lower court judges.

gwendomama said...

You didn't get a copy because your ex provided SASEs to whomever SHE wanted to receive the report. You have to get your own reports these days...court clerks are ruthless as well.