Category Archives: family court for dummies

Family Court for Dummies (A Work in Progress)

1. Accept that there is absolutely no such thing as a guarantee of speedy trial, representation, protection under the Law in Family Court.

2. The practice of debtors prisons is very real and is being carried out every day in Family Court Systems across America. You can be jailed for professional fees (i.e. appointed guardian ad litems, psychologists, special advocates, mediators, evaluators, etc.) even if you are a safe, fit, and loving parent, regardless of whether or not these professionals even perform their duties … more on this topic later.

3. Be prepared to learn more about Family Law (Federal AND State) than you ever dreamed possible. By the time you are through you will likely know more than your own attorney but it will have been worth it, especially if you do so BEFORE any final hearing.

4. Understand at the outset that a large proportion of family courts and court professionals across this nation who have been appointed, elected, and entrusted with protecting your and your CHILDREN’S rights, ARE corrupt and that this has been the norm rather than the exception for a very long time. The sooner you accept this sad fact the more ahead of the game you can become. Not ALL are corrupt, but many more than the average citizen is aware of. You have only to google topics such as bias corrupt family courts, abuse child custody, report complain lawsuits against attorneys, judges, guardian ad litems, court appointed psychologists, family court reform, etc. and you will find a WEALTH of information regarding these matters. It is rampant in every State in our Nation. This has now become a worldwide, human rights issue. Research headlines, personal stories, articles, lawsuits … knowledge is power.

5. Do not allow the opposing attorney, or, even your own attorney to strong-arm, influence, rush or shame you into accepting an appointment of a guardian ad litem, psychologist, or ANY COURT APPOINTED PROFESSIONAL WITHOUT first gathering referrals, credentials, running your own background checks, and, even checking into OTHER cases of said guardian ad litem, and/or psychologist … thoroughly review the list of the names offered you (it will very likely be a SHORT list!) – your life depends on this. You have the RIGHT to to take TIME to do these things, it’s a very important decision that you should be a part of. YOU EVEN HAVE THE RIGHT TO ALTERNATE NAMES OF PROFESSIONALS. Do these things before the gavel hits … please do not underestimate the importance of this.

6. BY INVESTIGATE … start by running a FOIA (Freedom of Information Act) Request on ALL professionals involved in your case in the county of your jurisdiction. The purpose of this is to find out if, and what they have been paid as private vendors from county funds … you will very likely be surprised at how fruitful, and shocking, these requests are. This is an important way of following the money, finding serious conflicts of interest, improprieties. This is an easy request to perform, is not complicated for a lay person to do – more on this later. It’s also easy enough to run all professional’s names through your State’s Secretary of State database for corporations they own, are officers or holders in … again, it’s following the money. Please take these steps very seriously – it can change the tide of your entire case very QUICKLY and easily BEFORE any FINAL HEARING.

7. It is very important to go to your county court records and pull your own court file and go through it with a fine tooth comb … look for missing documents, evidence, incorrect or missing official stamps and/or dates on documents, hidden documents, stapled, etc. You’d be surprised how few attorneys take the time to go through your court file, and, you know your own file and case history better than anyone. Make notes, or better yet, ask for a complete copy of your file, and update it every few weeks, days even, if you can. Documents turn up missing, added upon, misplaced, out of order, “hidden”, etc. ALL THE TIME. This is less likely to happen if you keep up with your own case file and are constantly aware of any new or unusual additions, surprises. Also, keep an eye on motions, orders, etc., that are “quick-tabbed” and labeled by clerk’s, judges, attorneys, court appointed professionals … these are usually tabs put in place for quick review and give clues to the documents hurried “professionals” flip to automatically without taking the time to read your entire case. After all, that would require a lot a time and effort on their part … it’s just your life, and the lives of your children depending on them to do so … are you willing to take the chance that they are THAT invested in you and your child’s (children’s) rights, lives, treatment, case?

8. Find out how, when, yes, even IF, the court appointed professionals are communicating with YOUR attorney (again, you’d be surprised how often they communicate with only ONE side). Insist on copies of all communications between your attorney and the court appointed professional … you can dissect this information on your own time and will surely have more invested in it than even your own attorney. Very often, even “good” attorneys are naive to the manipulative, underhanded tactics “biased” professionals use in order to leave a party out of communications, correspondences, etc. and often end up blindsided, surprised, in court … leaving you, and your children, no recourse (aside from time-wasting threats of appeals, reversals, re-considerations … you’ll likely all be too old and tired to make it that far …. very few do, believe it).

9. Addendum to #8: It is also not unusual for court appointed professionals to make costly “mistakes”, hide communications and/or documents, or, send documents ”by error”, as in … “OOPS … I DON’T KNOW HOW THAT HAPPENED?… I THOUGHT I WAS USING YOUR/YOUR ATTORNEYS PROPER EMAIL ADDRESS?” … or, “I DON’T KNOW HOW THAT HAPPENED, LET ME CHECK WITH MY ASSISTANT”, or, “I DON’T KNOW HOW/WHY WE MISSED THAT?!” or “I DON’T KNOW HOW/WHY YOUR EX RECEIVED COPIES OF REPORTS AND YOU DIDN’T?!”. Also, it’s not surprising for the opposing counsel, or, your ex, to be on the receiving end of copies of your personal, protected, confidential emails, medical records, etc. which is extremely unethical, illegal, and gives reason for review, reversals, reporting, oversight, investigations and lawsuits. These are the only ways to change, for everyone. As you can tell by now, the list of excuses, errors, corruption, can be infinite … I just listed a few I have experienced personally. This section simply means, do not be surprised by ANYTHING, ask questions, find out who’s talking, who received what, what is going on, and, what they (court appointed professionals are doing, teaching, counseling, advising your children) … do NOT allow yourself to be shamed into thinking you are being overly pesky or paranoid. Easier said than done, I KNOW, but, I assure you, the alternative is much worse, much more final, much harder to bear, years and tears later. Ask the questions, even if they make you feel STUPID for doing so … remember what we teach our children? … There ARE NO STUPID QUESTIONS!

10. KNOW the HIPPA laws and do not fail to use them in your conversations with the court appointed professionals (this should be a given but turns out it is often a slam-dunk in getting their attention). It’s hard, but you’ll have to learn early own to stop letting these so-called “professionals” intimidate you into silence … you will not win them over with good behavior – remember, your good reputation and good behavior did not help you in the first place. And, it’s also possible the whole matter has been, or is being, decided well before you even enter the courtroom. This, too, happens ALOT. Again, do all of these things BEFORE any final hearing or it will likely take YEARS to get back on any solid ground with your children and, lawsuits, reporting, ethics, commissions, review boards, only come AFTER you’ve lost your children’s childhoods. You’d much rather have their childhoods.

11. Tape record any and all conversations with court appointed professionals. It will come in handy one day, and, this is the dawn of a new age … change is a-coming, faster now than ever, thanks in part to the use of newest technology and faster information sharing sources. Protect yourself at all times. Put everything in writing. Journal, diary, take notes as often as you can. Document, document, document.

12. Day of the week actually matters — Cry as you might, even if your child is in the hospital critically injured or seriously ill you will be a lucky one if you get even a notification from much less a callback from attorneys, etal. So it is highly unlikely to expect that you will ever even see the inside of a courtroom, even if there is a bona fide emergency situation that affects your children and their health, safety, wellbeing. I was given this very important piece of advice early on in my own court-nightmare and it has served me well in the years since, helping me conserve my precious energy and focus on other matters at hand. Learn, comprehend and accept, early on, that you will not be effective in getting anyone’s help or attention on a Friday and let yourself off the hook until Monday. If there are Motions or other matters pending before the court, you can pester your attorney all you want but they too, in most cases, are at the mercy of waiting on responses and callbacks, notifications, etc. none of which will likely not happen for them either on a Friday. I did not readily accept this bit of advice initially, but I kept it in mind, and after weeks of observation I learned that it was indeed applicable in my case and jurisdiction. I urge everyone to experiment with this, see if it is true nationally. Years ago I dubbed Fridays “golf-day” in order to regain some sense of control, inject some humor, in order to cope with the agony of the condition of waiting. Only others who have experienced the agony of waiting helplessly while your child is hurt, hurting, injured, abused, sick, crying for you, etc. can truly understand that it is hell on earth to endure. Accepting, for the meantime, the imposed limitations of the court and personnel will help you focus on what you CAN DO!

13. Have you asked how many appointments each family court industry professionals involved in your case (i.e. guardian ad litem, psychologist, expert, visitation supervisors, evaluators, etc.) handle in your jurisdiction. Not many of us are aware, at the outset, that this information is not reported but it is available and vital information for you to have.

14. Ask if court appointed mental health professionals, (i.e. psychologist/psychiatrist) are appointed in accordance with your (your children’s insurance provider). All too often this is not the case, forcing parent(s) to pay out of pocket, leaving many literally bankrupt, and/or eliminating one parent altogether from participating in counseling sessions, as happened in my own case, when the court appointed psychologist was paid, in cash, by my ex-husband. I was not privy to counseling sessions my young daughter received as I was not in any position to pay for this private psychologist’s steep hourly fees for “counseling” my daughter. This psychologist was chosen and appointed by the presiding judge. Another very important and damaging fact was that my ex-husband was paying the bill – and he was in a position to, and did, bar me from participating in our child’s counseling session. The psychologist concurred, which was definitely not in the best interest of my daughter.

15. Request, and be prepared to make numerous requests, regarding billing by court appointed professionals … they are often difficult, or next to impossible to receive, and are almost always inaccurate. Follow the billing, hourly rate, diagnosis code, etc. The importance of “billing” and how to use itemization of in checking for errors, provable facts for trial and/or complaints cannot be underestimated.

16. Ongoing Work

VITAL for Protective Parents:

From — http://protectivemothersalliance.blogspot.com/2009/06/guardian-of-truth-newsletter-vol-2.html

… It is vital that, from the very early stages of the case, protective parents do the following:

Rely only on attorneys, physicians, and mental health professionals with documented training and experience in domestic violence and child abuse cases. General family court experience for lawyers, and general child custody and family therapy training for other professionals, is woefully insufficient for these cases. Attorneys who represent the abusers should be avoided, as their experience with abuse cases is generally counterproductive. Look for attorneys who truly understand the constitution, the rules of evidence, and the mental health field, and who are willing to challenge the system when it is failing. Stay away from lawyers who believe that the wise psychologist and the experienced guardian ad litem will always make the right decisions and we just have to trust them.

Object to any process where written reports are submitted by guardians ad litem, custody evaluators, or mental health professionals. Insist that all rules of evidence be followed, and fight to keep bogus theories such as parental alienation syndrome and the like out of evidence.

Always depose any professional who is going to have an impact on the case.

Insist that any attorneys who purport to represent the interest of the children, such as guardians ad litem, minor’s counsel, or law guardians strictly comply with the American Bar Associations 2003 Standards of Practice for Lawyers Representing Children in Custody Cases and any state rules with similar provisions.

Never waive objections to unlawful procedures, and always argue that the court must decide the case based only on evidence properly admitted where your due process rights of notice and the opportunity for a fair hearing before an impartial judge are preserved.

Never waive your right to appeal an adverse decision.

Where children are old enough to testify about facts and events crucial to proving the abuse happened, their testimony should be presented, but in a way that minimizes the stress. However, continued abuse is much worse than the trauma of testifying.

Always use the testimony of fact witness who have direct knowledge of the abusive events, the aftermath of the abuse, and parenting quality. Do not expect the experts to be sufficient.

Never ask the court to require the accused abuser to submit to a polygraph, a psychosexual evaluation, or any other such evaluation. These devices are incapable of determining if abuse occurred and this strategy will backfire.

The first step in protecting children is controlling the process by which their fate will be determined. Where the integrity of the process is maintained, the opportunity for the court to know and understand the facts is maximized. Thus, an unbiased judge who considers only what is permissible, should then apply the law correctly with good results ensuing. While there are certainly no guarantees here, to ignore these guidelines will almost certainly invite disaster.