Sunday, September 20, 2009

Court rejects its own order

On July 30, Cmr. Irwin Joseph substituted for the family court judge and reissued an evaluation order. Except that my ex-wife would not agree to name a psychologist, so he gave us a form with the psychologist's name left blank. He said to fill in the name, send it in to the court with a cover letter, and the court would issue a signed order.

The psychologist said that he had done 650 evaluations, but never one like this before. After two months of my ex-wife claiming that she was going to get the court to change the order, he had to make a decision about whether to get the case as is. He said that he was refusing, unless a particular checkbox was checked.

The problem, he said, was that he was being asked to make child custody recommendations but the checkbox for a child custody evaluation was not checked. We do not know for sure whether Cmr. Joseph intended to check the checkbox, or even if he understands what the checkboxes mean. We have transcripts of his monologues on the subject, but they are even more confusing than the form itself.

Finally I decided to ask the court to issue the order with the checkbox checked. My ex-wife opposed it, and I just got notice from the court rejecting my request. I guess that I will have to bring a formal motion. That will take about six weeks, and will be a repeat of paperwork that has been filed several times before. Sigh.

Someday my kids will learn why most people hate lawyers like my ex-wife, and how she has robbed them of a father.

1 comment:

Anonymous said...

A link to my latest blog and a recent article in SFGATE regarding Child Protective Services: