Wednesday, December 14, 2011

Here is our story......START HERE. new update: 2/12

My family is the victim of Judge James Rigali, Santa Maria Superior Court family law judge. I am the mother of a 22 month old daughter with severe health problems. The ALLEGED father (for whom no trustworthy evidence to prove he is the biological father has been provided or was submitted) was granted parental rights based merely on his word. He is NOT listed on her birth certificate or any other material and pertinent document. I have reluctantly objected since 2009 against this finding and the Judge has continually violated my rights by refusing to order the alleged father to have a DNA test performed with the child.

This alleged father lives in an environment that is detrimental to her health and safety and the judge continues to send her with him for visitations OVERNIGHT and EVERY WEEK. The alleged father, among other things, refuses to seek medical care for her, refuses to give her the prescribed medications. The judge is acting as if he is a medical professional, claiming her severe allergies are to fruit juice (we can contradict this with doctors statements, she has severe allergies to environmental things such as pollen, trees, pets etc. ...) The judge has continuously violated my constitutional and statutory rights.

He has put me in a bad situation with my other child also by imposing duties and obligations on me, e.g., times of exchanges, that require me to be in two places at once. The judge pretty much has said by his orders that I should neglect my other child to comply with his orders.

During exchange events for visitation, the judge ordered ME to stay in MY CAR for ONE HOUR and ordered me to BRING A THIRD PARTY to exchange the child (specifically naming my fiancée). In my trial today 6/20/2011, the judge ordered one of my witnesses to get off the stand before we were able to complete his examination and testimony.

Another instance was when the judge refused to admit evidence that displayed the nature of the alleged father and his grossly rude behavior towards this situation. In a recorded statement by alleged father stated, "this is just a game I’m playing to win;" its intended use was to impeach the alleged father's testimony and claims against us.

This judge is extremely bias towards women, he has made statements to other women with whom I have spoken about them being not credible, claiming men are better than women etc. ... the judge has told me I’m not credible, has told me to shut up, has disregarded my other child and says she is not important. I have not received a fair trial with this judge and it is severely impacting the health and well being of the child involved. It has also affected my other child, in her behavior, attitude and school performance when her sister is not around.

Judge Rigali inputs his own beliefs into these cases and does not give mothers a fair chance at protecting their children. This judge is allowing his own beliefs to affect his rulings on cases, even if it means not following statutory laws.

He won’t allow testimony to be heard and evidence submitted if HE thinks it’s irrelevant. I have always questioned paternity in my case, and have been refused DNA testing because the judge held it was not needed. The judge also disregarded the fact I was raped and abused by this alleged father and I have reports backing this up. He is abusing his judicial power and affecting many lives. Like the legislator says, it’s important to and of most concern of the courts to protect the health, safety and well being of the children, but that has not happened here with Judge James F Rigali. The Judges demeanor/decorum has been very inappropriate towards me and even my attorney. The Judges tone of voice, facial expressions and gestures in court are way out of line. The judge pre-judges everything happening in this and probably lots of other cases. His tone of voice he uses towards me, the gestures he uses and the way he acts while on the bench have come off to me as very bias and very rude which has been seen by my attorney and my witnesses sitting in the audience, and my own father. I have sat there watching the judge not paying any attention or listening to what’s being said and you can easily tell by his gestures, I have witnessed him playing solitaire on his computer, sitting playing with his blackberry, getting up to get coffee, sitting there reading other case files when he SHOULD BE giving his 100% attention to what is going on in front of him even if he does not want to hear it. Had I known the issues with this judge before we had our first trial appearance in 2009, I would have filed a disqualification under Cal. Civ. Proc. Code §170.6

Updates:

6/29/2011:

Judge makes statements on record as to me not being the childs mother (which was very inappropriate), and as far as he’s concerned the possible father (petitioner) is the father and has always been the father (with no supporting evidence to prove the man is the biological father, hes going off his opinion and what he believes)

7/27/2011:

Judge Rigali awards me 2 hours of visitation with child at a pizza parlor because it was her birthday. Judge ordered potential father to comply with the local child support agency to get DNA testing done (and the father said it was not a problem to get the testing done). After we left the court room, the father tells my attorney there was a “freak accident” and the child was in the hospital. Judge Rigali re-called the case and admonished the father for not telling him and allowing him to make orders that could not be complied with. Grants Mother (myself) custody of the child until 8/3/2011 and told to bring the child to court if released from hospital. Child was severely injured while in custody of potential father, she was attacked by a dog and has multiple skull fractures and lacerations. She spent 4 days in the children’s hospital and had emergency surgery to her head. She has a titanium plate in her head and a mesh plate.

Judge Rigali made statements about the case and saying the case is staying in his court room and it won’t leave his court. When we filed the motion for paternity in June, Local Child Support Agency was notified and served with the paper’s the case was set to be heard in a different court room/different judge in Santa Barbara County because a different judge hears cases involved with child support. Judge Rigali blamed me for trying to get it heard in another court room. San Luis Obispo County is the one providing child support services in this case (The case follows the custodial party and I reside in San Luis Obispo County)

8/3/11:

Judge Rigali takes the attorneys into chambers before the case is heard, tells the attorney if I was to proceed with the Motion for DNA testing I would lose my child and not see her for approximately 2 months. (Pending HE grants the motion) If I was to NOT proceed with the Motion for DNA testing, visitation would be set back to one week on/off and 50/50 custody. It was a lose/lose situation and I had no choice if I wanted to see my daughter (she was being sent down there no matter what choice we made)

We proceeded with wanting to know who the child’s father is with the motion for paternity, Judge Rigali denies our motion for paternity after he already ordered potential father to do testing on 7/27/11. As of now there is no DNA testing on file proving who the father of the child is, Judge Rigali seems to be adamant that this guy is her father and deems so even though there are 4 other possible fathers (and he knows this). Judge denied motion based on time limit (on record), but we were well within our limit of two years from either the child’s birth (7/2009) or the Judgment in 12/2009. We filed our motion to set aside paternity and requested paternity testing be completed in June 2011. (California Family code section 7646)

Judge Rigali sends the child back with father for one week on, one week off visitations even though she was severely harmed while in his custody and the father lives with dogs. Her injuries and medical needs don’t seem to matter to him one bit. The judge deemed the injuries to the child as an accident without ever seeing the police reports or medical reports (which we have and had with us in court). The Judge seems to only be considering the best interest of the father not the child

Judge Rigali orders 50/50 custody (legal and physical) but says the father is responsible for ALL medical care and that the child cannot be seen by any physician outside of Santa Barbara County (I live in San Luis Obispo county, and she has a specialist for her asthma/allergies in SLO county that she was sent to by her pediatrician in Santa Barbara County)

Judge Rigali found me in contempt for trying to protect my child’s safety, health and well-being. The judge has always dismissed her health problems like hes a medical professional stating she has no health problems even though we have records backing everything up. With the child being forced to be sent down with the father at such a young age has caused her health to deteriorate. Now with her most recent severe injury to her brain which was caused by a dog while in fathers care the judge still dismisses the fact the father has dogs in his home that could potentially harm her again even though the injuries were sustained at a neighbor’s home. The judge keeps putting the child in a situation that is harming her medically and physically.

I was found “guilty” of contempt in May 2011, sentenced in August 2011. Judge Rigali kept putting off sentencing over and over for 3 months over multiple court hearings.

November 2011:

Review set for court calendar. Petitioners attorney could not make it, set out for continuance for 2 weeks. We show up at the 2 weeks and Judge Rigali changed the date on me and my attorney with no notice to us. He did however; notify the petitioner and his attorney (favoring them...).

December 2011:

12/14/2011: Hearing date finally arrived, comes on a day I am supposed to have my daughter back in my care. Over the past couple of months a lot of things have occurred with the minor child. The Judge previously ordered that all medical care be in the hands of her presumed father, after her dog bite accident she was left with a terrible yeast infection, I made it (and so did my husband at exchanges) perfectly clear to the father that he needed to take her to see a doctor, and he never did (this was over a 1-2 month period). I finally contacted CWS and asked them about what i should do and made a report; they suggested she be taken to a doctor/hospital so we did. I managed to get the right medical care for her for her infection, i got the yeast infection to clear up and go away after the doctor visit. The minor child has also very recently come back with blood coming from her Vagina twice, my husband called CWS, the Arroyo Grande Police department and met them at the Hospital emergency room but because she was in the care of her father the Santa Barbara county sheriff had to take over the investigation. Santa Barbara county Sheriff put off the examination for 2-3 days after our initial complaint. I have kept a long paper trail proving the numerous times I’ve asked the father to seek medical care for her, i have all her medical records proving he has not taken her to see a doctor in 6 months, and that he is not interpreting what that pediatrician recommended he do correctly in regards to her previously prescribed medications for her allergies/asthma. The pediatrician said she doesn’t seem to have allergies/asthma BUT you need to make an appointment with our specialist onsite. The father never came through with this referral/recommendation and stopped giving the child her needed medications. The Minor child was diagnosed with Asthma/Allergies when she was 6 months old she has been continuously seen by the same physicians since (Dr. Elena Regala and Dr Shields Abernathy). The father refuses to administer her medications that were prescribed for her health condition, she is on Singulair and Allegra AND a nebulizer with albuterol and budnesonide (i have provided him with the prescriptions). When she is in my care, I administer her proper medications. Judge Rigali pretty much PUNISHED me for seeking the needed proper medical treatment (in regards to the Yeast infection and the blood from the Vagina) because I am violating the court order but then he is continuously rewarding the father for his PROVEN non-compliance and lack of responsibility and neglect. The minor child spent 5 days in the hospital due to a severe dog attack then she was attacked by a cat and almost lost her eye sight in her right eye but I’M the bad mother for taking her in when it’s medically necessary. The judge is making it a point that I’M MENTAL and that I NEED a mental evaluation (which i have gone through and nothing is WRONG WITH ME and he can subpoena the records from county services) BUT he will not suggest a mental evaluation on the other party. He has again taken away custody of my 2 year old daughter because i sought medical treatment for the child (when father refuses to continuously and the father is SUPPOSED to be the responsible party for all medical care). The Judge STILL refuses to appoint an attorney or any kind of resource for the child (CASA, Guardian ad litem....) The Judges behavior towards me while on the bench is uncalled for and very bias and something needs to be done about it. He continues to violate my constitutional rights as a parent and as a mother. With this hearing even though it was supposed to be just a review the Judge pretty much held a CONTEMPT proceeding without actually being served with contempt papers or having an attorney present for me (contempt is quasi criminal and i am entitled to an attorney).

The Judge also brought up the fact that over the past couple months, the case has been on calendar every Wednesday since August 3rd 2011, WITH NO NOTICE to me or my attorney. The Judge also implemented that my husband who is not a party to this case can speak to him about the case and vise versa. This is also a confidential case that’s being heard with a courtroom full of people. HE IS FOCUSED ON PUNISHING ME FOR BEING A PROTECTIVE LOVING PARENT!

I AM TIRED OF SITTING BACK AND SEEING MY DAUGHTER SUFFER BECUASE OF THE ACTS OF THIS JUDGE AND THE IRRESPONSIBILITY OF THE ALLEGED FATHER. (This is not only affecting the child involved in this case, but also my older daughter who has Autism; this Judge is keeping two sisters who share an incredible bond apart and tearing apart a very stable family!)




Some of the readers may think this is hard to believe, or there is something being not told...but thats not the case. Im speaking from my actual experience i have nothing to hide..this is whats actually happening as it happens in this screwed up court system. I have had people witness everything first hand...and they cant believe whats happening to my children.... I plan on keeping this blog updated. I will keep it current.

This judge has punished me by taking away my youngest child..seperating her from her sister and her real family (a very stable environment financially and emotionally)..My husband has held his job for 9 years... we live on our own with no help from anybody...where as the alleged father involved in this battle is 33yrs old, lives with his mommy and is about to lose the house they share and has no intentions of being an actual responsible person..his family has had to keep a roof over his head...hes never lived on his own or even held a long term job (from 2007-2008 he went through 3 jobs)..there is no stability financially or emotionally for the child.... His mom is violent and abusive (verbally) towards him and has been towards me on numerous occasions (police reports and restraining orders even!) and this is a person he lives with and whom the child is left in the care of DAILY while hes out screwing around not caring for the child...She is left with a household full of smokers and a father who has a history of drug/drinking problems....The child picks up infantile behaviors from them and the other child she is forced to be around..She picks up bad habits....he hasnt even sought any sort of medical attention for her in 6+ months according to her physician she sees where he lives....she had a yeast infection for 2 months after her hospital stay..he not once ever sought care for her even though my husband and i insisted he take her (yeast infections HURT!)..is she just not important enough for him to get her help???  Is all that seriously OK?

Neither of my children have EVER been hurt in our care where as the youngest was nearly killed by this guy then almost lost her eye sight in one eye from a cat attack!

My husband and I do not smoke, drink or do any sort of drugs. Oh and both of us are 26 years old and we are much more responsible and independent than a 33yr old!


My husband has raised the baby since she was young, he has voluntarily supported her, is listed on her birth certificate and held her out as his own child. We married after her birth (but did attempt marriage before birth)

..my husband has been there for me through this entire thing...i love him and without his support i dont know what i would do!.

I am not scared of this judge, i will stand my ground and i will stand up to him in honor of my kids.


My beautiful little girls.....my whole reason to fight for what is right!
(TOP: is the one involved in this Bottom: is her older sister who has autism)

i love these girls. they are my life.

Contact info: momof2xgirls@gmail.com
If you think you can help or feel you have been a victim or know someone who is... please come forward! The more people who stand their ground and come forward with their stories the quicker action can be taken against the judge and our cases can be corrected!. do not be afraid...freedom of speech and freedom from self incrimination is apart of our civil rights/US constitution!


2/2012 UPDATE:
I have not had custody of my child since December 2011. (before christmas) The judge took away my custody for us "supposedly" violating the court orders by us seeking medical treatment for unexplained vaginal bleeding after a visitation with the father (she was taken to the local hospital, CWS called, police called everything). The judge even dissolved the child support orders until further notice in January 2012. The judge keeps making accusations that i have mental issues but wont order a psychological evaluation. I took it upon myself to seek a mental evaulation through the county mental health services back in July 2011 when he started accusing me of having mental problems.. but the judge will not accept it (the evaluation says i have no need for any services..i do not qualify as having any mental problems). I barely got supervised visitation of my daughter in the middle of January, I hired a new lawyer and the judge still will not allow me to have my custody back and with the last hearing in early Feb 2012 removed my case off calendar. The lawyer i hired cant even understand why he has the motives he does or his reasoning behind his orders, but i feel its becuase he has found out that im the one pursing him through the Judicial commision and hes retaliating against me. The Judicial commision decided to do a full investigation on him in Dec 2011.  Im really hoping as people come across my story, that they will have faith and come forward with theirs. I know there are multiple people out there in a similar sitaution with this judge (even female attorneys from what ive heard from the lawyer i used to use!) With everything ive been through, im seriously considering going to school to be a paralegal.




4 comments:

  1. I hope to help compile data to help this situation around the country. I have nothing better to do than try to effect the runaway train that is "family law" and the disregard for the mothers and families by the courts and the officers of the court who are allowing things to happen to children and mothers who are being ripped apart for power or profit. I WILL NOT GIVE UP UNTIL ALL OF THE CHILDREN COME HOME! Please feel free to post to my WordPress blog and follow and join the members who have signed up to be a part of this movement to GIVE US BACK OUR RIGHTS! GIVE US BACK OUR CHILDREN!!! love to all...

    Share your stories on my WordPress Blog, I will attempt to compile some data in a few weeks to see where these situations are the worse and identify the corrupt courts and officers of the court in every county in every state in the country. GIVE US BACK OUR RIGHTS! GIVE US BACK OUR CHILDREN!!! love to all http://www.facebook.com/l/AAQF3Fk81AQGZgqcbg-Cl2ebVZDKEOEgHHk3aJqnb8YaltA/irevolutiontree.wordpress.com/welcome-to-irevolutiontree/

    ReplyDelete
    Replies
    1. Im sorry but if my kid came home with any sign oF MOLESTATION ID BE IN PRISON FOR MAN SLAUGHTER, THE REASON FOR WHY HE FAVORS MEN THINK VERY VERY HARD HIS MOTHER BROKE HIS TRUST THINK VERY VERY HARD .... ANOTHER THING IS HE IS SHORTLY BEING DECOMISSIONED FOR ... EEE I CANT SAY BUT I PROMISE YOU ALL THE ANSWERS WILL ALL COME FLOODING SOON and yes the errors are intentional also having knowledge that a child came back with sexual assult symptoms in any way what so ever and he didnt follow the judical proceedings of immediatley haulting the case ordering evaluations on both parents immeditaly and the child woukd have been in protective care temporarly now understand that there are ways to confirm and disprove this even a few days after, now trying to force u to drop the peternity test he lied to u if u would have demanded the test the alleged father would have not only been charged with child endangerment opening a whole crap loads of worms the judge also has favortisim cause the alleged father has famil y who is very close to the judges family if u can prove this you can have him orded to step down for another judge without bias yes the spelling is intentional read again slowly

      Delete
  2. I am so sorry that you have a disaster for a judge. It happens, trust me I know. Your daughter is very young which makes the situation scary. I hope that you have begun the process of teaching her how to protect herself. Does she know her full name? Does she know yours? Does she know how to call 911?
    All of these are things you can begin to teach your child. Be subtle, your judge may decide you teaching your hold how to protect herself is "alienation" or some other bullshit. BUt begin with some basics now. My 6 year old knows her full name, my full name, her phone number, her address, just as basics. I have taught her how to call 911. She will get a cell phone at 7.
    I have advised her that if her father ever hurts her that she should call 911. If she can't she is to report the event to a teacher, policeman, doctor, or fireman. Essentially, she must go to a mandated reporter because a CPS investigation initiated by me will get nowhere. She knows how to cross the street and I am teaching her where the nearest police station and Emergency Room are. I have been teaching her how to use gift cards so that I can give her a prepaid Visa next year.
    I wish things were different but their not. I can't change what happens inside the courtroom. The game is rigged. But I can do everything in my power to rig the game in her favor out of the classroom.

    ReplyDelete
  3. It's sad this kind if thing is happening all over our country I know a woman in Nevada that is getting kind of the same treatment but she has 7 kids and they have taken all of them all because her ex-husband broke thier daughters arm. She left him and the state took the kids because they claim she can't afford to care for them and has a bad choice in men. When I know for a fact she can care for them and is a good mother. I see people on welfare with 6 and 7 kids and they don't take them away because they can't afford to care for them.

    ReplyDelete