Thursday, December 06, 2007

Judge postpones hearing

I was in court today for the hearing to get my kids back. Acting judge Irwin H. Joseph postponed the hearing until Jan. 6.

First he told us that he got an irregular letter from the Mountain School psychologist Will Rosse that was being put in the court file. It wasn't clear what the point of the letter was. It appeared that Rosse was worried that he would be named on this blog as the person who filed the CPS complaint against.

I do have some disagreements with the way Rosse handled the CPS complaint. He may not have known how false and malicious it was, but he could have at least contacted me about it. I also don't like the way that he manipulated my kids.

The CPS social worker, Sally Mitchell, did not show up. The judge acted like he didn't know what to do without her telling him. He told us that we could ask to see the CPS file on the case. I already have the final report, so I don't know how usefile the file would be.

The judge tried to justify the letting my wife have full custody of the kids for another month based on the CPS report. I pointed out that the CPS report does not really have a conclusion that meets the legal requirements for doing that. The judge seemed surprised that I even had a copy, and asked to look at it. Obviously, he hadn't read it. After some discussion, he said that he was basing his custody order on my ex-wife's declaration instead. Those are sworn statements, he said. Just like all the other declarations she has written about me over the last four years.

I've never seen such an extreme order based on such flimsy evidence.

Afterwards, one of my ex-wife's creepy friends confronted my mom in the court hallway. He pretended to be friendly, and then tried to be as rude and insulting as he could be. My ex-wife apologized for him by email later.


Anonymous said...

I think you left out a key word in this sentence:

"I pointed out that the CPS report does NOT really have a conclusion that meets the legal requirements for doing that."

George said...

Thanks. I just fixed it.

Anonymous said...

You should depose both Sally Mitchel and Wille Rosse for your trial. You are likely to find inconsistencies between their statements and the actual report.

You also need an expert witness to evalate the CPS report. He should interview the children as well, if possible.