Wednesday, January 04, 2012

Before the new judge

My ex-wife and I appeared before Judge Almquist at 8:30 this morning. He called us first, and told us to come back at 11:00. The courtroom was empty when we came back.

Call me paranoid, but I get the impression that the judges do not want any witnesses to our case. Every time we appeared before Judge Morse, she always called our case dead last after everyone else had left the courtroom. Sometimes that meant waiting 3 hours thru 25 other cases. What do the judges accomplish by this? They know that the case is on my blog, so there is no secret about it.

At 11:00, the judge said that there were visitation orders in effect, so that there was no need for court action. He bought my ex-wife's argument that Judge Morse did not want any more motions for 2 years. When I complained that I was not getting any visitation, he rambled about how it was all my fault because I wrote about the case on my blog and now Ken Perlmutter does not want to have anything to do with us.

Nothing he said made much sense. Perlmutter was the court-appointed psychologist who testified in 2010. He did not even say that there was anything wrong with my parenting methods and was in favor of visitation.

The asked my ex-wife why I was not getting visitation. She rambled about how I violated a visitation supervision agreement once by taking a picture of our child, and how the supervisor did not believe my promises to not bring a camera and wanted to search me before each visit.

I said, "Can I respond to that?" The judge said "No." I responded anyway, and explained that the written visitation contract only prohibited pictures on the first visit, and that I complied with the contract and with the supervisor's commands.

The judge suggested that we get another supervisor. I proposed one, who is a licensed MFT in the area who specializes in situations like mine, but my ex-wife rejected him.

I asked, "Is it up to the supervisor whether I can have pictures of my own children?" The judge stumbled on that question. He said that this was only his second day on the family court, and he doesn't really know how the visitation supervisors work. But he assumes that they are trained and licensed and capable of making a decision like whether I can have a picture of my kids.

Actually, most of the visitation supervisors do not have any training or licensing, and the judge should certainly not be delegating to them such a decision. But I was not able to educate him on how the system works.

It is pretty crazy to try to prevent me from having pictures of my own kids. Even if I were a convicted felon in prison, I would still be allowed to have pictures of my kids.

At this point, the judge wanted to get rid of us. He kept saying things like, "It is all in your own control." That said something about his character. Nothing is in my control. My ex-wife has total temporary legal and physical custody of our kids, and I do not even have a visitation order. It is all at her discretion and I have not even seen my kids for a couple of months.

The judge also issued a veiled threat. He said that I have alienated others and he is going to be the family court judge for the next three years, so if I alienate him then he can prevent me from seeing my kids. Wow, it is his second day on the job, and the power has gone to his head already.

6 comments:

Anonymous said...

no surprises here. The power has long gone to his head. He's in charge and that's all there is to it. We don't need no stinkin' due process and Constitution here. What a country.

Anonymous said...

This is outrageously inept and impotent judge.

This means more and more bad behavior of family courts into 2012. This is violation of children rights and best interests.

Having this web site is your fundamental rights of freedom.

I do have to acknowledge that you do pick great articles and write many brilliant comments on this site.

This is a constructive and positive expression of trauma of you and your kids have been facing with family courts. Please do not stop, let's do more of this.

New judge, an unfortunate addition to Santa Cruz. Could not stand up for children. He is going for worst interest of children as usual.

Anonymous said...

Very disappointing judge.

Unfortunately, new people come and take position, they do not change status-quo easily because they do not know all the rules or look stupid or incompetent if they did something they should not have. So they go with no change.

Rest of the comments Judge made is out of incompetence and trying to find an excuse not to do any. Just did not stand up to children needing both parents.

Anonymous said...

Courts and lawyers always point family law is an adversarial law. They say lawyers, court personnel, and claimants come lie in courts.

No one should take anything of your ex says in court (adversarial). This is continued pure bad behavior trying to alienate father from children.

It is unjust and bad keeping kids away from father. Your kids will get manipulated with this environment like this.

A good judge needs to see this dynamic of kids and mom, and force mom to comply and make a new order.

Anonymous said...

This is, indeed, sad news. How can Morse say that you can't go to court for 2 years? It sounds like another of your rights being denied. We know that all these judges are inept. They bounce from court to court and are ignorant of anything pertaining to family law. And now there is no official record of what transpired unless you want to pay for it. Are you going to go back to court? Perhaps we can do an Occupy the court?

Anonymous said...

Its very clear.. the court favors the mother no matter how GREAT of a father you are. Its sad for the child.. at any point she can bring in any other man to raise the children and him be allowed around those children with out any question of that new step dad.