Removing judge...URGENT!!!

[msme]

Dear Soc,

First, thanks for all you do. This takes place in Wichita County, Texas.

I don't know if you remember anything about what my son went through with the blonde idiot judge who was totally prejudiced against my son. She put numerous sanctions on his ex & never enforced any of them.

It was only when my son's attorney requested that there be a stipulation that if she did not comply with the order to complete Battery Intervention classes, & Anger Management classes, visitation would cease until the orders were completed.

The Battery Intervention was ordered nearly 3 years ago & the Anger Management was ordered over 2 years ago. Today, she showed up at the school demanding that she see her children. She claimed that she had an order that allowed it but couldn't produce it.

She did produce an order from the judge stating that her visitation would resume on Saturday. My son went down to his lawyers but he wasn't in & can't see him for more than a week.

He then went to the judge's office & ask her what was going on. He tried to show her a letter from the childrens therapist stating that there needed to be reunification counseling followed by supervised visitation.

She said that she could not look at it because he had an attorney so everything has to be filed by the attorney, with the court before she can look at it.

My son said that according to the paperwork, she had not completed the courses that had been ordered. The judge said that she knew that but she had taken a similar one & then some additional  classes at the same place & she felt that would be okay.

My son asked why his ex could come in & get what she wanted but he could only send things through his lawyer. The judge stated that since his ex was pro se, she could come in & talk to the judge any time she wanted to.

His ex has told the children that she will come at night & take them away from here. She has told their 12 year old daughter that it is her job to break daddy & his fiance up so she can get back with him.

Recently, in violation of the no-contact order, she told her to be as bad as she can be because then her dad will get disgusted with her & send her back to her mother. The therapist assured her that it wouldn't happen. That if she was so bad her dad couldn't handle her, she would be placed in a juvenile facility.

The child believes her mother & is failing 6th grade & is a constant discipline problem, both at school & at home.

We have felt from the very begining that this judge is prejudiced against fathers & does not have the childrens best interest in mind. My son has   tried to follow the letter of the law. His ex breaks all the rules & gets treated like a victim.

1. Can a judge be removed for prejudice & putting the children at risk?
     Or perhaps for failing to uphold her own orders? If so, how can
     he do it?

2. Can a judge issue a custody order, changing the original order,  
     without contacting the custodial parent.

3. Could this be done pro se since our lawyer isn't available?

4. Could he withhold the children until his attorney is available,
     using the therapist's letter as just cause?

5. Do you have any other suggestions or input? It will be welcomed.

[socrateaser]

When I refer to "you" below, I mean your son.

>1. Can a judge be removed for prejudice & putting the children
>at risk?

Yes, but you haven't shown any proof to me of this happening. Nevertheless, you can file a motion for recusal on grounds that the judge is biased. Unfortunately, the same judge who is your alleged antagonist will be the one to rule on the motion, and judge's rarely remove themselves from a case. But, it could happen.

>2. Can a judge issue a custody order, changing the original
>order,   without contacting the custodial parent.

Yes, but a hearing would have to be scheduled within 21-30 days of any such order, or it would be a violation of constitutional procedural due process. Your facts indicate that the mother produced such an order -- I suspect that the order, if it was actually produced, is a forgery.

I don't believe that the judge would issue such an order without notice to youa and a hearing beforehand.

>
>3. Could this be done pro se since our lawyer isn't
>available?

Sure, and after you do it, I will absolutely guarantee that you won't have an attorney anymore, because your attorney will withdraw from the case. Actually, since you have already tried to contact the judge, I suspect that your attorney will now withdraw anyway, because you almost certainly have soured the judge against you. Big mistake...everything that the judge told you is accurate regarding procedure.

>4. Could he withhold the children until his attorney is
>available, using the therapist's letter as just cause?

No. You need a court order, unless you have an objectively reasonable fear of imminent physical or psychological harm to the children, neither of which is present in your posted facts.

>5. Do you have any other suggestions or input? It will be
>welcomed.

Stop panicing, because you are ruining your own cause.