Friday, January 02, 2015

NJ family court gag order

Here is a NJ free speech case in family court:
Plaintiff Paul Nichols is a reporter for the Bergen County Dispatch who brings a First Amendment challenge to a gag order … issued by Judge Nancy Sivilli in Myronova v. Malhan, a divorce and custody suit pending in the family division of the Essex County Superior Court. Nichols wishes to interview one of the parties in Myronova v. Malhan, but is unable to because the Gag Order restrains all parties to the litigation from discussing any aspect of the divorce proceedings.
It is pending, but UCLA expert E. Volokh says:
I sympathize with the desire to shield children from hearing their parents publicly criticize each other, and more broadly from hearing public discussion of what to them is often a serious tragedy. But I don’t think that this is reason enough to suppress litigants’ speech about what they see as the injustices in the process. If citizens are to evaluate government officials’ performance — here, the performance of judges — as well as the performance of the family court system as a whole, they need to be able to hear specific details about alleged abuses. And litigants are often the only ones who are in a position to convey such details.
Someone might say that this blog should be shut down, because my kids would be better off not hearing about a parental dispute.

I agree with Professor Volokh, but I would go further. My personal opinion is that most of the embarrassing family court stuff should never be admitted into evidence in the first place.

If parents had a right to the joint custody of their kids, then judges would always decide in favor of equally shared child custody unless a parent were proved unfit. That rarely happens in family court. Instead the judge decides based on the Best Interest Of The Child (BIOTCh), and that means that any character assassination, gossip, innuendo, or bogus scare story can be used to influence the judge. He is allowed to apply whatever personal prejudices he has. That is what fills the court with embarrassing nonsense that sometimes leaves a parent begging for a gag order.

In my case, I did not put any personal info online that the court did not already put on the public record. The court file does have 100s of pages of just that should never have been relevant to our case. But I did not put it there, and I cannot effectively respond to the public accusations against me unless I say what the accusations are.


HeligKo said...

BIOTCh is the secret sauce that allows the court to supersede on person's rights over another. Its evil. Presumed equal custody, and the only argument to limit that being unfitness is all the court should hear. Not who put the kids to bed or did baths. Not who spends time on homework, or who the kids liked more. Court increases animosity by making it clear that there will be a winner and a loser. Divorce should happen outside of court, and there should be clear default rulings if parents don't agree. Property should be divided by agreement or sold and the proceeds split. Parenting time should be by agreement or the court will order 50/50 time unless one parent is unfit. Child rearing costs should be split 50/50 or by agreement of the parents, and timeshare or income should have no bearing on that.

Anonymous said...

One of my MOST FAVORITE things to do is spend time in blogs dedicated to supporting women in divorce. You'd be AMAZED what you can learn about how women think from reading those blogs. I sit there stunned as I'm reading. Women's sense of entitlement is unbelievable. I never comment however. Don't want them to know I'm spying.

Despite the weaker outward appearance, women are far, far more cruel, calculating and cunning than men. You know how some plants, no matter how disarming on the outside, can be deadly if consumed? That's how I see women.

Once they've disposed of you, the system doesn't care, nor do they. The objective then becomes extracting from you all that can be - and keeping you on a short leash thereafter. Ya gotta admit, if you're a woman, it's a great scam. Over the past few decades, tens upon tens of millions of men have gone down this way. Hundreds upon hundreds of thousands, their lives and futures destroyed, have committed suicide as a result.

I stumbled across a question by a women on one of those online attorney sites. She held off on going after her husbands pension because he attempted suicide during the separation. She wanted to know how long she had to file the proper paperwork to get her half of his pension.

To women, there's nothing more liberating than having your X husband finance your future life so that they can sleep with other men. To women - that's equality.

Men are disposable.

Anonymous said...

To women - that's equality.

You're only now figuring that out? Wow... Women are best used and disgarded - they are useful, like a rabid dog is useful in certain circumstances. Just never make the mistake of thinking of them as being more than they are.

Anonymous said...

The hated in the posts make me hope you don't have daughters.

I never did anything against my husband towards my daughter. But he and his new girlfriend did, and they have my daughter who has been brainwashed s against me and won't see me.

I can't leave my name because I now have a gag order.