Reply Brief to Cross Motion for an Order of ConfidentialityThe documents were not sealed by the court. She would have had to bring a motion to seal them. These are reports that my ex-wife requested, and she put them on the public record, not me.
George states that he has a free speech right to defend himself. However, I submit
that George's free speech right stops short of harming his children. George continues to publish information about Mary and Jennie, such as the child custody evaluation and their attorney's communications with the Court (report), information that by its very nature is private and invasive. Additionally, he encourages and leads public discussions about the content of these documents.
I respectfully submit that it is within the Court's authority to order the sealing of these particular documents as being in the best interest of the children. These documents are normally considered confidential and placed in the non public section of the family law file. I believe that these documents are supposed to have been confidential and sealed by the Court. I am now requesting that a specific order be made as to their confidentiality so that George may have notice to cease his publication of these documents.
George states that an overriding interest has not been stated in support of sealing the subject documents. The overriding interest is to protect the children from harm and invasion of their privacy. This overriding interest supports sealing the child custody evaluation, the attorney's report, and the psychological evaluation, especially in light of George's continued publication of these documents. Inherent in the publication of these documents is the harm created by an invasion into Mary and Jennie's privacy. Without an order to seal these documents, George will continue to publish them. Thus, no less restrictive means exist to achieve the children's privacy.
The children did not ask for this court experience and they are not the cause of
this experience. George's insistence upon publishing private information about the Mary and Jennie is itself abusive conduct.
I have had eight evaluations done on me, and reported to the court. None of them expressed any objection to 50-50 joint custody of our two kids. A CPS report said that I never did any abusive act towards the kids.
My ex-wife wants to be able to tell everyone in town that I am a child abuser. That way she can justify keeps the kids full-time and preventing them from seeing me. The only harm in releasing these reports is that it harms her ability to lie about the court case.
A fair and honest judge is not afraid of letting the public learn about his decisions. The new family court judge is a regular judge who must be reelected every four years or so, and not just a commissioner. We will soon see if he seals evidence in order to avoid embarrassment to the court.