PLEASE do not be afraid to come forward if you feel you are a victim (its for you and your children)!! Go to the Commission on Judicial Performance (for your state...)
If your in CALIFORNIA and dealing with the same Judge here is my path: BE VERY specific in your complaint... (see my story posted on this Blog)
http://cjp.ca.gov/ File a complaint with the CJP. Keep it updated (your complaint)
Go to the presiding judges (in SB county its: Brian Hill and Arthur Garcia) Send a copy of your complaint to them.
Send your complaint to District Attorney, Legislatures, senators, SB County Sheriff Bill Brown, the news media outlets...
pass the word around. The more women that can and are not afraid to come forward, the faster we can get results. We can protest at the court house, start groups, and even a class action lawsuit...WE need to get this Judge OFF the BENCH so he cant harm any other families.
Code of Judicial Ethics for CA: http://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf
Sunday, March 4, 2012
Sunday, December 18, 2011
The california law in black and white
sec: 3011.
In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this subdivision, "abuse against a child" means "child abuse" as defined in Section 11165.6 of the Penal Code and abuse against any of the other persons described in paragraph (2) or (3) means "abuse" as defined in Section 6203 of this code.
So why doesnt this LAW apply to my case? I proved the abuse towards my older daughter and myself from the ex, i provided the police reports of the abuse, got medical records, had emails and chat conversations..... but this judge doesnt follow the law. the laws are supposed to protect me and the children. Hell he and his family have been violent toward my husband! we have had everything corroborating everything we have claimed.
sec 7611:
part
(c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) With his consent, he is named as the child's father on the child's birth certificate.
(2) He is obligated to support the child under a written voluntary promise or by court order.
(d) He receives the child into his home and openly holds out the child as his natural child.
according to this law, my HUSBAND should have been presumed as her father!...did the judge follow it when brought up by the attorney or us? Nope.
sec 7646:
4. Stability And Continuity Of Environment: Although not reduced to express statutory terms, a significant component of the "best interest" assessment is the policy goal of protecting a stable custody arrangement. "As we have repeatedly emphasized, the paramount need for continuity and stability in custody arrangements--and the harm that may result from disruption of established patterns of care and emotional bonds with the primary caretaker--weigh heavily in favor of maintaining ongoing custody arrangements." [Marriage of Burgess (1996) 13 Cal.4th 25, 32-33, 51 Cal.Rptr.2d 444, 449-450 (emphasis added); see Burchard v. Garay (1986) 42 Cal.3d 531, 538, 229 Cal.Rptr. 800, 804-805]
5. Separation Of Siblings: California policy affords strong protection to sibling relationships. Absent compelling circumstances, such as extraordinary emotional, medical or educational need, an order separating siblings between custodial households ordinarily will be reversed as detrimental to the children's best interest. [Marriage of Williams (2001) 88 Cal.App.4th 808, 814-815, 105 Cal.Rptr.2d 923, 927-998]
Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support.
the judge continues to separate my two children. Thats tearing apart my kids and their sibling bond!
In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this subdivision, "abuse against a child" means "child abuse" as defined in Section 11165.6 of the Penal Code and abuse against any of the other persons described in paragraph (2) or (3) means "abuse" as defined in Section 6203 of this code.
So why doesnt this LAW apply to my case? I proved the abuse towards my older daughter and myself from the ex, i provided the police reports of the abuse, got medical records, had emails and chat conversations..... but this judge doesnt follow the law. the laws are supposed to protect me and the children. Hell he and his family have been violent toward my husband! we have had everything corroborating everything we have claimed.
sec 7611:
part
(c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:
(1) With his consent, he is named as the child's father on the child's birth certificate.
(2) He is obligated to support the child under a written voluntary promise or by court order.
(d) He receives the child into his home and openly holds out the child as his natural child.
according to this law, my HUSBAND should have been presumed as her father!...did the judge follow it when brought up by the attorney or us? Nope.
sec 7646:
(a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods: (1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in paragraph (2) or (3) of this subdivision.
(2) Within a two-year period commencing with the date of the child' s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575.
--according to this law, when i filed my motion to set aside paternity i was well within my time limit of 2yrs from BOTH options (date of birth of 7/27/09 and original judgment 12/9/09) Yet it was denied due to untimely. So why was it untimely... it wasnt. We filed the motion in June 2011.
§ 7647.
(a) A court may grant a motion to set aside or vacate a judgment establishing paternity only if all of the following conditions are met:
(1) The motion is filed in a court of proper venue.
(2) The motion contains, at a minimum, all of the following information, if known:
(A) The legal name, age, county of residence, and residence address of the child.
(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:
(i) The previously established father and the previously established mother, and the biological mother and father of the child.
(ii) The guardian of the child, if any.
(iii) Any person who has physical custody of the child.
(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.
(C) A declaration that the person filing the motion believes that the previously established father is not the biological father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of a paternity test indicating that the previously established father is not the biological father of the child in order to bring this motion pursuant to Section 7646.
(D) A declaration that the marital presumption set forth in Section 7540 does not apply.
(3) The court finds that the conclusions of the expert, as described in Section 7552, and as supported by the evidence, are that the previously established father is not the biological father of the child.
(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:
(1) The previously established mother.
(2) The previously established father.
(3) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).
(4) The child's guardian ad litem, if any.
---I followed everything. We did everything right. Right paper work, right motion. I even had a declaration from my obgyn stating the date she would have been concieved... and i even had statements (credible) made by the alleged father that he was infertile! Did the judge care? nope.
sec: 3022.3.
Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request of either party, issue a statement of the decision explaining the factual and legal basis for its decision pursuant to Section 632 of the Code of Civil Procedure.
Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request of either party, issue a statement of the decision explaining the factual and legal basis for its decision pursuant to Section 632 of the Code of Civil Procedure.
...Maybe i need to request this.
Sec: 3044.
(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.
....court determined it when they issued the DV restraining order protecting me and my older daughter from him... but its OK for her to visit him (younger)... even though the law states its not in her best interest?.....it sure as hell wasnt rebutted with evidence...The order was granted by another judge (not a temp one either)
7630.
(a) A child, the child's natural mother, a man presumed to be the child's father under subdivision (a), (b), or (c) of Section 7611, an adoption agency to whom the child has been relinquished, or a prospective adoptive parent of the child may bring an action as follows:
(1) At any time for the purpose of declaring the existence of the father and child relationship presumed under subdivision (a), (b), or (c) of Section 7611.
(2) For the purpose of declaring the nonexistence of the father and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.
(b) Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed under subdivision (d) or (f) of Section 7611.
So maybe we should do this...sounds like by law my husband has the right to file a parentage action to declare his relationship with her.
4. Stability And Continuity Of Environment: Although not reduced to express statutory terms, a significant component of the "best interest" assessment is the policy goal of protecting a stable custody arrangement. "As we have repeatedly emphasized, the paramount need for continuity and stability in custody arrangements--and the harm that may result from disruption of established patterns of care and emotional bonds with the primary caretaker--weigh heavily in favor of maintaining ongoing custody arrangements." [Marriage of Burgess (1996) 13 Cal.4th 25, 32-33, 51 Cal.Rptr.2d 444, 449-450 (emphasis added); see Burchard v. Garay (1986) 42 Cal.3d 531, 538, 229 Cal.Rptr. 800, 804-805]
5. Separation Of Siblings: California policy affords strong protection to sibling relationships. Absent compelling circumstances, such as extraordinary emotional, medical or educational need, an order separating siblings between custodial households ordinarily will be reversed as detrimental to the children's best interest. [Marriage of Williams (2001) 88 Cal.App.4th 808, 814-815, 105 Cal.Rptr.2d 923, 927-998]
Presumed Father
If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:- he was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated he attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."
- he married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or he welcomed the child into his home and openly held the child out as his own.
Equitable Parent
In Michigan (Atkinson v. Atkinson, 408 N.W.2d 516 (1987)) and Wisconsin (In re Paternity of D.L.H., 419 N.W.2d 283 (1987)), a spouse who is not a legal parent (biological or adoptive) may be granted custody or visitation under the notion of equitable parent.Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support.
the judge continues to separate my two children. Thats tearing apart my kids and their sibling bond!
Friday, December 16, 2011
Rights as a parent, as a mother...
Loss of First Amendment Freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Though First Amendment rights are not absolute, they may be curtailed only by interests of vital importance, the burden of proving which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US 347, (1976).
A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983).
A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. In re: J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489
The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).
Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980).
The liberty interest of the family encompasses an interest in retaining custody of one's children and, thus, a state may not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981).
The Due Process Clause of the Fourteenth Amendment requires that severance in the parent-child relationship caused by the state occur only with rigorous protections for individual liberty interests at stake. Bell v.City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984).
The United States Supreme Court noted that a parent's right to "the companionship, care, custody and management of his or her children" is an interest "far more precious" than any property right. May v. Anderson, 345 US 528, 533; 73 S Ct 840,843,(1952).
The U.S. Court of Appeals for the 9th Circuit (California) held that the parent-child relationship is a constitutionally protected liberty interest. (See; Declaration of Independence --life, liberty and the pursuit of happiness and the 14th Amendment of the United States Constitution -- No state can deprive any person of life, liberty or property without due process of law nor deny any person the equal protection of the laws.) Kelson v. Springfield, 767 F 2d 651; US Ct App 9th Cir, (1985).
No bond is more precious and none should be more zealously protected by the law as the bond between parent and child." Carson v. Elrod, 411 F Supp 645, 649; DC E.D. VA (1976).
The Constitution also protects "the individual interest in avoiding disclosure of personal matters." Federal Courts (and State Courts), under Griswold can protect, under the "life, liberty and pursuit of happiness" phrase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot be taken away from him without due process of law. There is a family right to privacy which the state cannot invade or it becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965).
http://fathersunite.org/Case%20Law/Parental%20Rights%20Summary%20Judgement%20Case%20Law.htm
My rights under the US constitution are being clearly violated by this asshole judge....
Im not scared of Judge Rigali, hes punished me...he doesnt scare me anymore. I will be there to protest and i will stand up to him. I refuse to sit back and let him tear apart my children and my family.
on another note, the case before mine on the 14th, was involving two sibling boys one who has some disabilitys the other is normal.... The judge even clearly stated on RECORD he will not seperate two siblings...BUT LOOK AT WHAT HES DOING TO MY CHILDREN!
california judicial code of ethics:
http://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf
A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983).
A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. In re: J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489
The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).
Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980).
The liberty interest of the family encompasses an interest in retaining custody of one's children and, thus, a state may not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981).
Parent's right to custody of child is a right
encompassed within protection of this amendment which may not be interfered with
under guise of protecting public interest by legislative action which is
arbitrary or without reasonable relation to some purpose within competency of
state to effect. Reynold v. Baby Fold, Inc., 369 NE 2d 858; 68 Ill 2d
419, appeal dismissed 98 S Ct 1598, 435 US 963, IL, (1977).
Parent's interest in custody of her children is
a liberty interest which has received considerable constitutional protection; a
parent who is deprived of custody of his or her child, even though temporarily,
suffers thereby grievous loss and such loss deserves extensive due process
protection. In the Interest of Cooper, 621 P 2d 437; 5 Kansas App Div 2d
584, (1980).
The Due Process Clause of the Fourteenth Amendment requires that severance in the parent-child relationship caused by the state occur only with rigorous protections for individual liberty interests at stake. Bell v.City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984).
The United States Supreme Court noted that a parent's right to "the companionship, care, custody and management of his or her children" is an interest "far more precious" than any property right. May v. Anderson, 345 US 528, 533; 73 S Ct 840,843,(1952).
The Court stressed, "the parent-child
relationship is an important interest that undeniably
Warrants deference and, absent a powerful
countervailing interest, protection." A parent's interest in the companionship,
care, custody and management of his or her children rises to a constitutionally
secured right, given the centrality of family life as the focus for personal
meaning and responsibility. Stanley v. Illinois, 405 US 645, 651; 92 S Ct
1208,(1972).
The U.S. Court of Appeals for the 9th Circuit (California) held that the parent-child relationship is a constitutionally protected liberty interest. (See; Declaration of Independence --life, liberty and the pursuit of happiness and the 14th Amendment of the United States Constitution -- No state can deprive any person of life, liberty or property without due process of law nor deny any person the equal protection of the laws.) Kelson v. Springfield, 767 F 2d 651; US Ct App 9th Cir, (1985).
No bond is more precious and none should be more zealously protected by the law as the bond between parent and child." Carson v. Elrod, 411 F Supp 645, 649; DC E.D. VA (1976).
Judges must maintain a high standard of
judicial performance with particular emphasis upon Conducting litigation with
scrupulous fairness and impartiality. 28 USCA § 2411;Pfizer v. Lord, 456 F 2d 532; cert
denied 92 S Ct 2411; US Ct App MN, (1972).
State Judges, as well as federal, have the
responsibility to respect and protect persons from violations of federal
constitutional rights. Gross v.State of Illinois, 312 F 2d 257; (1963).
The Constitution also protects "the individual interest in avoiding disclosure of personal matters." Federal Courts (and State Courts), under Griswold can protect, under the "life, liberty and pursuit of happiness" phrase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot be taken away from him without due process of law. There is a family right to privacy which the state cannot invade or it becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965).
http://fathersunite.org/Case%20Law/Parental%20Rights%20Summary%20Judgement%20Case%20Law.htm
My rights under the US constitution are being clearly violated by this asshole judge....
Im not scared of Judge Rigali, hes punished me...he doesnt scare me anymore. I will be there to protest and i will stand up to him. I refuse to sit back and let him tear apart my children and my family.
on another note, the case before mine on the 14th, was involving two sibling boys one who has some disabilitys the other is normal.... The judge even clearly stated on RECORD he will not seperate two siblings...BUT LOOK AT WHAT HES DOING TO MY CHILDREN!
california judicial code of ethics:
http://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf
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!)
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.
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