Biased judge in trouble...got a new hearing

[gadadgetstough]

I live in Georgia and my divorce decree is joint legal custody of my two daughters in 1999. We went back to court on july of 2001 and judge in Clayton county found both me and ex in contempt... so I paid more child support to catch up and she agreed to providing school records and insurance papers... well I held up to my end and became current in payments, she didn't do anything so back to court again... She convinced the judge she was doing what he said but didn't... She stalked me and my new wife to the same neighborhood and moved in and started harrassement and denial of visitation...So on june 10, 2003..We went to court on her contempt for not providing school and medical records and insurance...She was also being investigated by DFACS for unhealthy living conditions and almost lost the children...So this judge slapped her wrist and declared her in contempt 2nd time and insisted her to send all records via certified mail... Then I was suspicious of this judge so I checked around and found that he was being investigated by Georgia supreme court for being biased in his rulings...On July 26th, my ex was evicted from her home for unhealthy living conditions and the Sheriff called DFACS on her and she made a dash out of state to tennessee without notifing me or the court.... I searched for her over a month until I found her and quickly served her with papers of contempt of a contempt (3rd contempt)... so the court hearing was on Sept.25th,I asked for temporary emergency custody and this judge would not even consider it even though she had left the girls in tennessee with her male roommate... but the judge was more decent this time and found her in contempt again and she was arrested for 24 hours...She was told to provide visitation and papers again...did not happen!   And now I have filed another contempt for the same issues before on Nov. 6th...She dodged the sheriff for 3 months and was finally served Jan.26th 2004... There was no reply sent within 30 days and I insisted on a hearing or I'd go to the Supreme court to have this judge removed from the case...He agreed to giving me a new hearing on April 12th....What more can I do to make this situation change and bring my girls home to Georgia to their loving family and me and my wife...we love them to much to let them get lost in this terrible court system and be victims to this biased judge any more...Please help

[nosonew]

I don't know what to tell you, except just "keep on keepin on".  I hope your attorney is as disgusted as you are, perhaps you could call your local tv station, radio, or newspaper and find someone willing to share your story?  It is obvious she is not a fit parent, and hopefully you are. best of luck and keep us informed.

[hotforjimmy]

I'm so sorry to hear of your troubles. My husband and I also live here in Georgia and deal with a biased judge in Cherokee County. That is why I came on tonight was to vent a little more.
The above person suggested the media, well we have written every local channel and they won't get involved, and all the attorney's just keep saying that this is just the way it is. I have also written the Governor to no avail. I did find the Judicial Qualification Comission. Just go search that for Georgia. It is where you can file a formal complaint agaisnt the Judge. If you need more info just e-mail me.
If you haven't exhausted your life savings yet I suggest you make sure your attorney specializes in Family Law. We have already made that mistake.
Your story really isn't all that different from everybody here, and although that doesn't make it any better, I found comfort in knowing we weren't alone. We just thought this Judge hated us for some strange reason.
Good Luck, and most of keep your head high and know that you are fighting the good fight!

[Davy]

Not to appear radical and not wanting to exagerate but try to get beyond the fact that the court is bias and really take steps to return the children.  Try to imagine their life 10 or 20 years from now !!

First research missing and exploited children and you will easily determine that a parent that behaves in the manner the BM behaves is very much a form of abuse and the children are in DANGER of being  exploited.

Second, investigate (on SPARC site) Ga. criminal laws concerning custodial interference and you may very well determine this is NOT civil contempt but criminal ...then hit up the sherriff and state's attorney (showing the law).  Maybe they can arrest the judge as a party to the snatching along with the BM and others.

Thirdly, find out what it takes to RECUSE the judge for being "bias and prejudice against the children and you".  That was the exact wording in the Recusal motion in my case (and after many other orders had been entered).  You may have to get an attorney from outside the good ole boy court system.  I found it much cheaper and more expedient than the appeal process while putting the local yocals on notice that they are not going to conduct business as usual...NOT WITH YOUR KIDS.

There is tons of case history ...legal and social studies ... depicting what normally happens to children in the situation your children find themselves and they just don't know it yet.  That's what gave rise over the years to laws such as the UCCJA, PKPA, criminal custodial interference .... the suffering of many many children.

Settle down ... the bias system is a given... protect the children from the system and the other parent (she's not above the laws like she thinks).

**** em and best of luck.