Tuesday, January 03, 2012

My motion for visitation

I just got a brief by my ex-wife opposing me getting any custody of visitation. She said:
The Petitioner, George AngryDad (hereinafter, “George”), brings a motion for child custody and visitation, in contradiction to the ruling of the August 10, 2011 Court Order, stating that “the[re] shall be no modification to the custody order for two (2) years”. ...

1. An August 10, 2011 Court Order is in place, stating “the[re] shall be no modification to the custody order for two (2) years”.

a. This Court Order had at least the following information before it (since November of 2007) to make such a decision:
-multiple trials with numerous witnesses;
-numerous court hearings;
-interviews with the therapeutic visitation supervisor for the children;
-interview with the children by Family Court services;
-a CPS narrative report with witness testimony;
-a full child custody and visitation evaluation and recommendations;
-years of records of George’s interaction with the children and/or lack thereof;
-George’s in and out of court behavior;
-the childrens’ express wishes;
-the Court’s study of and personal experience with George;
-the appellate record;
-my testimony:
-the testimony of Court appointed experts;
-the testimony of visitation supervisors and therapeutic visitation supervisors;
-George’s testimony; and
-testimony of George’s experts and witnesses.

2. George’s description of the Case History in his moving papers is intentionally
and consistently severely distorted and misleading. I respectfully direct the Court to Dr. Perlmutter’s 2010 40 page single-spaced full child custody and visitation
evaluation report for an accurate and unbiased description of the case history. Dr.
Perlmutter was the child custody evaluator appointed by the Court to perform the
evaluation in 2010.
Her briefs nearly always accuse me of lying, and yet she is never able to give an examples. Here, she merely suggests that the judge read a 40-page single-spaced report and compare it to my summary to find discrepencies between that report and my brief. How crazy is that? The judge is not going to read that report, or find any errors in what I wrote.

It is a problem that Judge Morse said that she did not want any modifications for two years. But she also refused to make a permanent order. Under California law, I can request a change to a permanent order once a year. I only have a temporary order. Surely a temporary order is more temporary than a permanent order.

Yes, the court has had a lot of info, but it did not find me unfit and it did not issue a permanent order. The worst Judge Morse found was:
experiences being adduced into evidence, such as enrolling them in a math test which was reportedly way above their abilities; and resetting their alarm clock which prevented them from being prepared for school.
and that I might have Aspergers. For that my parental rights have been eliminated. Temporarily. For two more years. In addition to the temporary orders for the last four years. Meanwhile, I don't even have any visitation.


Anonymous said...

I know that a tempoary order gives you more opportunities over the next 2 years to go into court and have a chance to argue that you should be with your kids but I actually think that a permanent order would have served you better.

What do you think a new judge can offer you at this point, other than the opportunity to pay another evaluator ?

George said...

A new judge can issue an order for visitation. There is no need for an evaluation for that, as every witness favored visitation and I am not getting it.

Anonymous said...

I certainly hope that's how it works out for you.

gwendomama said...

Morse is no longer the family court judge. Check the website for 2012 judicial assignments.

George said...

Yes, it was noted a couple of days ago that Judge Almquist is the new family court judge. But he is likely to accept what Judge Morse has done.

Anonymous said...

there's also a Siegel who's running the pro per cases as well as "family reunification" (is that like North and South Korea?) and domestic violence. Guess they're expanding the number of commissioners due to all the business.

Anonymous said...

Contact your Supreme Court Disciplinary Counsel and file a grievance against the judge. They will review the complaint and contact you.

Anonymous said...

If you want another judge to review this you must have new evidence and if you request the child or children do an in camera interview it can change how the courts rule on visitation...Im guessing they already spoke?