Sunday, March 09, 2008

Judge blames me for action against me

Here is an exchange between Commissioner Irwin H. Joseph and me in Santa Cruz family court on Jan. 4:
THE COURT: Why don't you understand the secrecy that is to be preserved to protect your children? This isn't for me or you. You are an authorized viewer. This is to protect your children. ...
THE RESPONDENT: We have talked about every detail of this in open court.
THE COURT: That is because you brought this action, and you decided that this was going to be divulged in open court.
THE RESPONDENT: I did not bring this action.
THE COURT: Yes you did. You challenged the report.
THE RESPONDENT: I challenged Julie's motion to take my kids away.
Comm. Joseph was trying to justify making a report against me secret, and justify preventing me from calling a rebuttal witness.

The secrecy does not protect my kids. Comm. Joseph never mentioned the secrecy until after Sally Mitchell testified for CPS, and got caught lying under oath. She was embarrassingly bad as a witness for CPS. After her testimony, Comm. Joseph tried to cover up for her by declaring her testimony secret.

My kids were harmed by the secrecy, because it prevented their story from getting a fair hearing.

It was outrageous that Comm. Joseph tried to blame me for bringing the legal action. I did not bring the legal action. Julie Travers brought a motion to Comm. Joseph to take our kids away, and she made a bunch of false accusations in open court. She publicly brought forth all sorts of wacky accusations about me running over dogs and other nonsense. I was forced to refute them in court.

I proved in court that I never ran over the dog. The dog is alive and well. So what does Comm. Joseph do? He blames me for denying the accusations in open court, claims that I am violating the privacy of the kids, and orders the kids taken away from me.

It is the false and malicious accusations from Julie Travers and Sally Mitchell that are damaging to the kids. Comm. Joseph ordered me to appear in court to attend a hearing on those accusations. I had no choice. My guess is that Comm. Joseph was hoping to humiliate me with evidence of abuse in open court. Only when the testimony turned out to not involve abuse at all did he issue a protective order to try to make the testimony secret.

Comm. Joseph should not be allowed to cover up his maliciousness and incompetence in this way.


Anonymous said...

Would it help your situation if you got your story in the local paper? Maybe they could spin it like a human rights issue. Maybe something like;

"Court cover up takes children away from Dad"

Right now, you're one guy against a federally backed judiciary, where everyone is getting paid, but you. They are going to try and bury you.

Anonymous said...

I agree! Put your story in the local newspapers. I'm sure that you can find other father's that have been treated unfairly or falsely accused by ex-wives maliciously trying to get full custody of the children (most often in order to collect the maximum possible child support.... but that's another topic.) The fight for Father's rights is long over due - you can lead the way in your area! something to think about......