Sunday, February 19, 2006

JUDGES WHO MAKE OUR WORLD WORSE

I think I'm going to start a regular post about Judges who make our world worse through inconsistent rulings from the bench. This constant overturning of decisions set forth by other courts leads to parents, as well as taxpayers, spending millions of dollars needlessly as people are forced to litigate EVERY SINGLE ISSUE over and over again.

Since there is no such thing anymore as a precedent that some boneheaded Judge can't see fit to reinterpret.

I think Judges have gotten into the habit of doing this as a way to call attention to themselves; like Hollywood movie stars always looking for attention from the public.

One way to stop this might be to fine a Judge $10,000 the first time they pull this, the second time $20,000, the third time $30,000 and then permanent disbarment.

The first Judge I'm going to single out is Justice Marvin Baxter for writing the decision for the California Appeals Court which overturned Navarro vs. LaMusga, just issued in 2002. Not even THREE YEARS have passed since Navarro vs. LaMusga was issued and now they've tossed it out the window with Brown vs. Yana.

It's ridiculous and should not be allowed to continue. It actually makes a joke of our courts, leads to disrespect for the law (as seen in the fact that an 11 year old in Brown vs. Yana case had to finally take action to settle his own personal situation) and to a general attitude of people feeling they get better results by 'workng the system' instead of following the rules, as there aren't any and won't be any, as long as we continue employing Judges like Baxter. Actually some seemed to feel the ruling was just fine since it left in place the ability for a Judge to factor in the opinion of KIDS themselves, about whether they wanted to move or not. Great. So we're paying great big salaries to these Judges, GALS and Evaluators, YET have to rely on a kid to negotiate his living situation with the court.

Bottom line: we need to start putting some of these people on permanent unemployment.

Anyway the article is below and should read "Here We Go Again, Courtesy of Justice Baxter"...

February 3, 2006
latimes.com : California

'Move-Away' Parents Get Green Light

California's high court gives ex-spouses with custody latitude to leave without a legal fight.

By Maura Dolan
Times Staff Writer

February 3 2006

SAN FRANCISCO. The California Supreme Court on Thursday shifted the balance in fights between divorced parents with a ruling that eases the way for a parent with custody, usually the mother, to move away over her former mate's objections.

Anthony Yana, a divorced father from San Luis Obispo County, tried to prevent his ex-wife from moving to Nevada with their 12-year-old son, Cameron. The ex-wife, Nicole Brown, who had full custody of the child, had remarried and her new husband had a job in Las Vegas.

Brown, who has two other children with her second husband, argued that Cameron would suffer if he was separated from his half-siblings. She also offered Yana more time in the summer with their son.

Yana argued that moving would put the boy in a community with poor schools and more crime. He also moved for joint custody.

A lower court ruled that a judge should have held a full hearing on Yana's objections before the mother could relocate.The high court disagreed, in Brown vs. Yana.

The court ruled that a parent who lacks custody, usually the father, would have to show that the move would harm the child before he would be granted a hearing.

A hearing "in a move-away situation should be held only if necessary," Justice Marvin Baxter wrote for the unanimous court.

A trial court may deny a hearing if "the noncustodial parent's allegation or showing of detriment to the child is insubstantial in light of all the circumstances presented in the case," Baxter said.

The decision limits the impact of a 2002 court ruling that critics had warned would result in expensive legal battles every time a custodial parent attempted to relocate over the other parent's objections. Attorney Jeffrey W. Doeringer, who represented Brown in the case, called Thursday's ruling "a step back" from the 2002 decision.

"The Supreme Court has put a little wedge in there and said wait a minute, before you open the door to move-away litigation, there has to be something substantial," Doeringer said. "It is not fair to the parties or the children to go through the emotional and financial strain of this kind of litigation."

Daniel Helbert, the trial attorney for Yana, said the ruling would make it harder for a divorced parent to prevent the custodial parent from moving with their child.

"You can't just say that my son is going to be living 1,000 miles away and we won't share the same relationship," Helbert said. "I don't think that is going to be enough to get a hearing anymore."

David L. Levy, who heads the Children's Rights Council, a Maryland-based international child advocacy group, complained that the court created "too high a bar" for obtaining a full hearing to challenge a move.

"A child should have easy access to both Mom and Dad," Levy said. "Nobody should have to fight to maintain that relationship."

He said there are 3 million mothers in the U.S. without custody of their children and 12 million fathers.

Kim Robinson, a family law attorney who represents custodial parents, praised the court's decision to limit hearings.

"It requires that a parent opposing a move comes in with specific facts about this child and about this move and doesn't just rely on a general belief that all moves are bad for children — because they are not, " said Robinson, who believes that custodial parents who want to move should have greater say in court than parents without custody.

"Not all moves are bad for children."

Thursday's decision will not affect Cameron's current custody arrangement. After moving to Nevada with his mother, Cameron decided he would prefer to be with his father, and his mother eventually allowed the child to live with Yana in Santa Maria.

At a court hearing in November, "the boy testified unequivocally how unhappy he was with his stepfather and his mother," Helbert said.

"He wasn't doing well in Las Vegas."

At one point, the boy refused to board a plane to return to his mother, the lawyer said.

While the move-away mother was the winner in Thursday's ruling, the California Supreme Court also offered some comfort to parents who might challenge their former mates' relocations in the future. The court refused to rule that a child's unhappiness about moving could never be a sufficient reason for changing custody status. The court also said that regardless of custody status, any parent can try to stop a relocation if that parent can make a sufficient showing of potential harm to his or her children.

"Even a parent with sole legal and sole physical custody may be restrained from changing a child's residence if a court determines the change would be detrimental to the child's rights or welfare," Baxter wrote.

The ultimate decision on custody would be based on the child's stability, how far away he is moving, his age and relationship to his parents and his own wishes, Baxter said. He observed that custody modifications have been approved by courts in two previous relocation cases because judges found that the moves would hurt the children.

In one case, the state high court ruled against a mother who the justices found had tried to alienate the children from their father. The court also held that the mother's planned relocation 2,000 miles away would have hurt the children's relationship with their father.

In the other case, a state court of appeal determined that a move would have prevented a child from obtaining needed medical care.

http://www.latimes.com/news/local/la-me-move3feb03,0,2236199.story

So we're back to ground zero again with the potential for millions of mothers losing custody of children, many of them infants, so some jackoff won't have to pay child support and NOW the courts have given them a green light to move thousands of miles away again. Many of these kids never to see their mothers again, like that little Jerica Rhodes. Which btw, the Judge responsible for that little girl being with that dangerous felon Rhodes to begin with, he has STILL not been called to answer for it. NOR have the parents or any the others, who helped Rhodes get that poor kid, been punished as yet.

I'm happy to say, however, that the father of one of the siblings of Nixmary Brown, another abused child in New York, is suing the social service department of New York for not notifying him that his 9 year old son was right in the middle of this abuse of his little sister all this time. Not only did the boy have to be exposed to the psychological suffering of seeing his little sister constantly abused, but he was at tremendous risk himself of injury or even death in that household. YET not ONE social worker thought to contact his father and let him know what was going on. NOT ONE.

Furthermore it should be made a law that ANY TIME a charge of abuse is founded, that the NCP is to be immediately contacted. As I've know many mothers whose children were abused for years but they never found out, as these agencies protect the privacy rights of the custodial parents and the agency itself, of course. Which is the agency's real interest, protecting themselves from lawsuits for their negligence and laziness...

So let's see where this lawsuit goes...

5 comments:

Anonymous said...

going to court wed, thurs for custudy, and visition. getting scared i plan to move my kids away to KY. I have been with my husband for 6 yrs married 3 yrs. We wont let me move, until he hears the judge say ok, then he says he will move ! Dump ass. So for the 3 yrs we have been living with my parents and they have been the providers to all of us. He has never made any attemt to get get uds out of this house. he was like a broader. And he want me to be a stay at home mom. i deceiced for the best interest for my children, one is he's 3 yrs. and i have an 11yr old. That my parents are selling there house,(My parents have been living with my children since the day they were both born and have provided for both of them) and I have thought it would be in my kids best interest if we moved, i will be able to provide for them, Ive checked into school, locations, employment, companys have already called me. and my whole family
. lives there cousins there ages. My husband has made no attemt to provived for us ever. He has been living off my parents since I meet him. I have know him for 6yrs and we have only lived on our own for 6 months. Thats when my parents made an aggreement with us and asked us to move back in. at the time BEau made 10 an hour and we were on food stamps. Paying 1.300 month rent. There aggreement was for us to pay 1,000 a $500 rent to them and they would put $500 in savings. The plan was for us to be moved out and have 10,000 saved in a yr. It been over 3 yrs and he never meet the aggreement. I want to relaocate with my parent and have a place of our own me aqnd kids can call home, put them in good cathlioc schools. And i have a Insurance license I can get clearenced and kentucky will issue me a license so I will be able to get a job right away. Kentucky is a big stae for health care. I will put my license to use. My kids dersevre the chance to have the best life. Beau was never around he use to work 6am to 6pm then he changed positions and his hrs were from 8am to 8pm m-f. and Sat 8am to 1:30pm. He has known my daughter blake for 6 yrs and had only seen her once since he moved out Feb6th. He didnt go to open house, he never looks at her school work, report cards, she got an award on the 24th. Student of the didnt go. And he only sees jaden on the weekends. He also got fired 3/21. He has had about 7 jobs in the past 3 yrrs.

NYMOM said...

He sounds like a total loser...YET a Judge still might NOT okay this move.

So don't think it's a foregone conclusion that you are going to win this case. The Judge will probably not make a final decision right away but postpone it and order an Evalaution, assign a GAL, etc.,

Basically, you are looking at spending a lot of money (or your parents are) and time fighting him on this move and you are NOT GUARANTEED a win either.

Can't your parents offer him something so he'll allow this move w/o having to get it approved by a Judge? Like give him a stake to start his own business or something???? Then he can sign a stipulation allowing the move...Judge can just sign off on it...

What about that?

J. Harshbarger said...

Cameron yana is the man

Noah Dahl said...

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Anonymous said...

Santa Maria