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Due Process Is Eviscerated in Family Court by Maneuverings and Obfuscations of Judges and Their Teams

Every U.S. citizen has the right to confront their accuser, has a right to due process, to present evidence and to cross examine accusers. Unfortunately – in family court – these processes have been eviscerated by the combined maneuverings and obfuscations of the unique authority of judges in family court that provide judges with the supreme authority of “discretion.” Discretion implies that judges have “inside” confidential information, that their decisions are based on intimate knowledge, access to parties and witnesses that then give them extraordinary insight and understanding not shared by other judicial authorities or even the appeals court, criminal courts or other civil actions.

This assumption is not only incorrect – but it is the pathway to authority and control that has become limitless, reckless, abusive and criminal. Oversight at every turn is a check to make sure the system does not become imbalanced.

Among the resources used to indict protective parents of so-called crimes never committed is the implementation of various types of clinical evaluations, whether it be psychological or psychiatric evaluations considered to be soft science and subject to disqualification as hearsay statements. In this regard, psychological evaluations are widely used to discredit one party and the terms of engagement apply excessive hearsay and lack the necessary authentication of evidence.

The case being presented in the criticisms, complaints, and oncoming damages claims as well as criminal actions and prosecution to be pursued, demonstrates the foibles of the family court  system with the judges’  unique ability to  assert discretion. This case involves a minor who has been subject to judicial impropriety involving custody transfer to a parent who we have evidence to bring to the court’s attention as being involved in a spite-and-malice campaign and retaliation against the child’s mother and little to nothing to do with actual interest in the child.

We are bringing this matter to the attention of the court on behalf of the minor child who has made a good faith attempt within her control and within the control of her protective parent, her mother, to return to the full custody and full custodial parenting time with her mother.

This child’s accumulated writings over time document a custodial situation that is rife with ongoing neglect, disregard and hateful recrimination against the child’s mother, as he sees himself as having been abandoned by the mother of this child.

Complaints articulated by this child against her custodian with whom she has been forced to live for an extended period of time involve an ongoing abuse of alcohol and marijuana in the home, causing him to be inebriated while driving. The child has described a number of actual accidents and near accidents, which cause her to continually feel in fear for her life while driving with him.

She describes a home atmosphere in which her father has an ongoing contentious relationship with his girlfriend, who is rude, abusive, and dismissive to the child and with whom he is, as she describes, constantly fighting, breaking up, and reuniting, while he ignores the child, placing her in a continually awkward and distressing environment of tension and hostility.

Further, the child describes the father as continually berating her when she expressed physical and emotion distress.

The child’s medical needs have been severely neglected over the past 2 years since her placement with the father. Medical records document the lack of even the most basic routine proper medical care, dental care, and eye care that were assiduously attended to by her mother. Over the past 2 years the child has not attended routine dental, eye or medical checkups under her father’s custodianship, as is documented by the child’s mother.

Further because of the acrimonious as well as unresponsive neglectful atmosphere in the home and the tension between father and daughter, the child has developed a condition that appears to be evolving into IBS, a painful stomach and bowel disorder that is well known to emanate from ongoing emotional distress.

The child was in excellent medical health at the time the court ordered this child into the custody of the father that she feared and intensely disliked. Over her protests, written and verbal communications, the child was transferred into the custody of her father, who has attempted to isolate the child from any contact with her protective parent, her mother, taking her phone and at times refusing routine court-ordered contact with her mother.

This child is an extremely intelligent articulate and verbal young woman, but her constant state of stress and living in an environment of uncertainty has greatly interfered with her academic performance, which should be stellar but is in fact within a normal and routine range.

There was a period when the child was being bullied severely by a classmate in school. The father and his girlfriend berated her, stating it was her fault and she wasn’t handling matters correctly. She was accused of trying to manufacture an issue at her mother’s direction. The father refused to help or assist or intervene in any manner in which to help and support the child. He in fact made the situation more distressing and more out of control by berating the child at home and saying that whatever problems were going on were her fault, which they clearly were not.

The problem of bullying with the student in the school was addressed without the intervention of the father and despite his abuse, as the child went to the nursing staff, the counselors, and the principal. However, during this period she developed acute panic attacks, a disorder that is painful, frightening, lasting, and severely debilitating. The panic attacks have continued, and her medical condition involving the incipient progress of full blown IBS is continuing.

As a result of the ill-conceived reckless actions of the court, this child is subject to irrevocable harm.

We are advising the court of the need for custody transfer, and we are having this case reviewed by forensic expert Dr Bandy Lee to document the immense trauma and suffering experienced by this child, given the clear need to take further action both with regard to this court and to the custodial parent.

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