This time
the stacks are higher and the lack of due process is rampant. This is a perfect
example of what is wrong with the current family court system and why it must
be changed to protect the rights of every fit parent in this country. I want
you to read closely as this can happen to you and will if you fail in any step
along the way.
11/12/2003 - Ex files for termination of
shared parenting plan and fro a restraining order which limits my ability to
see my son. Her attorney files this with an incorrect address for me and then
without correcting this, proceeds with what becomes an ex parte hearing to
terminate my parental rights. I have to believe that is done intentionally to
avoid the fight that I will put up to protect my rights as a parent.
12/17/2003 - Magistrate issues an order
terminating my parental rights and issuing a restraining order without ever
making proper service on me.
12/19/2003 - Second Notice of hearing is
issued by Ex's attorney and notice that he did not make service or original
paperwork. This one still has the wrong address on it but the process server is
a friend of mine and he tracks me down at work and apologizes for delivering
the papers to me.
02/03/2004 - I file for a continuance to
finish the motions I want tot file in this case. Full book of Constitutional
issues will be thrown at them.
02/05/2004 - Continuance granted
03/02/2004 - Motion for Abeyance, Dismissal,
to have her declared a vexatious litigant and affidavit of my son filed with
court and service made. Abeyance is based on fact that the law is currently
under constitutional challenge, dismissal because there is no case because this
is mutual agreement, vexatious because of all the times she has attempted this
before and affidavit from my son declaring he does not want this change of
custody. Motion for the complete family files held by Family court services are
also filed as this contains a psychological examine that was done that said I
was the better parent. This is a secret file that they never give to defendants
in cases but use against them at every turn.
03/09/2004 - Ex files an amended complaint to
add child Support to issues. Short hearing and all my motions are denied. My ex
and I are ordered to meet with family court services for their evaluation.
Court orders the introduction of a guardian ad litem but fails to do it by rule
and does not determine the reasoning ability of my son. I object on the spot
but, like all other motions, am overruled.
Early April - Try to meet with Family Court
Services but am denied because I am carrying a tape recorder. Recorder is cleared
by sheriff deputy at door and the rules of the court state that I can NOT take
a recorder into a trial unless the court or judge approves. Family Court
Services is a social service agency associated with the court. I repeatedly
tell the representative that they are violation of my Constitutional rights and
express that the use of the recorder is to protect those rights. I am showed
the door by the sheriff and after having been told that he is going to take me
to see the head judge for the court. I told him that was willing to go talk to
the judge and express myself on this matter but I am showed outside anyway.
With in a
couple days, FCS sends a letter to opposing council, the judge and magistrate
stating that I did not co-operate with them and that I refused to meet. They
are the ones that refused the meeting and did not allow a lawful recording
devise.
04/27/2004 - I file a motion for the recusal
of the court. They have participated in exparte
communications which I have written proof of and is a clear violation of local
rules.
04/28/2004 - Magistrate appoints the Guardian
Ad Litem officially and makes them a third party participant to the
proceedings. Local and state rules state that if a person is to become a third
party participant in a civil action they must file a motion with the court
asking to be made a party to the action. No such motion is ever filed. I am
ordered to pay half this expense and I have decided that until this is done by
the law and local rule I will not pay.
05/07/2004 - motion for recusal is denied and
affidavits are filed by the judge, magistrate and my ex's attorney.
05/07/2004 - My objection to magistrate's
decision is filed with the court. I have them in a legal bind here as I have
filed for the recusal of the court and have a pending motion objecting to the
appointment of a guardian ad litem since it was done outside of the rules of
the local court.
05/07/2004 - Ex's attorney goes on record
claiming that there was no ex parte communications even though there was a
letter submitted that proved that there was. Judge and magistrate also file
claiming that there was no ex parte communications.
05/14/2004 - I file responses with the court
to magistrate's, judge's and ex's attorney's claims that there was no ex parte
communications in this case. By rule this and the original recusal are also on
file with the Ohio Supreme Court.
05/27/2004 - My objections are overruled and I
am ordered to pay the GAL fees.
05/28/2004 - Contempt motion is filed by the
court thru Family Court Services because I have not paid GAL fees. Sheriff is
ordered to serve the paperwork on me. How can a non-party file a motion in
court on a case which they are not a party?
05/28/2004 - Sheriff attempts to serve me while
I am at work. Leaves a note on the door stating that I am to come to the
courthouse and pick up the service myself, effectively serving myself. I do not
and will not pick up the paperwork as they have to make service on me and I am
not going to serve myself. Let this be a lesson to all, you do not have to
serve yourself, which is what going to pickup that paperwork would be.
06/22/2004 - File my notice of appeal and the
PRAECIPE to the court recorder to get a copy of the transcript of the last
hearing and the rest of the necessary paperwork to object to a ruling based on
nothing but crap and lies.
06/30/2004 - Settlement hearing but do not
look for any settlement to happen as every offer I have made is rejected and ph
Magistrate
informs me that I may read the Family Court Services file but that I can not
copy any thing in the file. My response to her was that reading it was not
sufficient in making my defense and that she would have to make the file
available for copying. I am told that that is not permitted. I told her to her
face that I would have a full copy of the file and that she would be fought to
the bitter end if she chooses to not allow it. I did read the file and the most
damning thing for her is the psychological report that it contains. Comments
made about me are that I am uncooperative even though I have cooperated at
every turn.
Hearing is
fast and nothing comes out of it. They do not push the contempt issue or
attempt to serve me with the citation.
07/01/2004 - Sheriff files notice that they
could not make service on me. No other attempts are made.
08/30/2004 - I file motions for service of a
request for productions of documents with the court. GAL is served with a list
as is Family Court Services and my ex. Documents requested are family file from
FCS and GAL's oath of office as an attorney and credentials to serve as a GAL.
Challenge their creditability from the start and make them prove that they are
capable of making a decision in a fair and unbiased manner.
08/31/2004 - Order is signed by judge telling
me to pay for the Guardian Ad Litem Services. Mind you that they have filed a
contempt motion before they filed the order for payment. I refuse as I did not
request nor was the GAL appointed by the law. GAL was made a third party
without his filing a motion for such. I have a pending appeal with District
Court of Appeals on this issue.
09/09/2004 - Ex's council files subpoena to
school to testify in court
09/10/2004 -
09/13/2004 - Motions filed to compel
production of requested documents requested from ex, Family Court Services and
GAL
09/16/2004 - I file for a continuance to gain
time in gather documents needed to go to trial.
09/17/2004 - Subpoena issued to Family Court Services
for documents
09/21/2004 - Continuance granted
09/22/2004 - motion for production of documents
is over ruled by Judge Quinn without hearing.
09/24/2004 - Ex's attorney files notice that
he has provided documents that I requested. Documents sent to me do not even
begin to cover the listed asked for and are not even pertinent to requested list.
10/21/2004 - I again file a motion compelling
that requested documents be produced.
10/21/2004 - Trial, or the greatest
railroad job in the history of the court.
To Be Continued and
Updated as my time permits and this will be long in nature.
