A little info from a Family Law court room

[P.E.N.1]

For whatever its worth here is a little news. I lost my battle in court to bring my child home who CLEARLY did not need to be in a behavior modification school. Anyway, where I live there is only one judge you go in front of unless he retires or goes on vacation. Ive been going in front of him battling with my ex for 10 years now. I am remarried and have step children, the oldest one is 16, a year older then my biological child . My husband and I were recently granted custody over her, but she dosent want to live with us she wants to live with her 19 year old boyfriend she was seeing while living at her moms.  Ok Ill get to the point...... The judge told us that all though he granted us custody he cannot make her live with us . So please can someone explain why does he order and force one child to live with strangers(behavior mod. school) against his will, and on the  other hand says he cannot force my stepdaughter to live with us. This to me makes no sense. Is it maybe because Laws change when you turn sixteen?? Any comments? I know that when my son turns sixteen I will let him know that no one can force him to live anywhere he dosent want to. That was the exact words of thy HONOR....
[ This Message was edited by: P.E.N.1 on 2005-08-10 23:53 ]

[Antigen]

Yup, could be the laws regarding 16yos. Could also be just one of those family law judges who much prefer people who just go along and don't question their vaunted wisdumb.

In my experience (Broward County, Florida) the family courts are entirely arbitrary. I spent 9 years trying to get them to place some protections for my daughter against her crack head dad. I never once tried, or even wanted to, deny him contact. (well, honestly, I didn't give a shit about him. I just never had the umbrage to try to take her daddy away from her) I wanted something like a guarantee that, when he drove away w/ her, her grandma or her aunt or any other responsible adult in the family would be responsible for her. No can do, how dare I make unfounded accusations against the guy.

That continued till he found himself in front of a criminal judge prior to about 10 years in State prison. Criminal courts, you see, operate on an evidence based system. Family courts do not.

It is the old practice of despots to use a part of the people to keep
the rest  in order; and those who have once got an ascendency and possessed themselves of  all the resources of the nation, their revenues and offices, have immense means  for retaining their advantages.
--Thomas Jefferson to John  Taylor, 1798

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[Troll Control]

I agree wholeheartedly...Family Court is complete bullshit.

By the time they act on a matter, the petitioner is most likely already dead or beat up or whatever.

[Notafriendofredcliff]

My 15 year old stepson was abducted from his mother's (physical custodian) home, at her direction a month ago.  He was taken to Redcliff Ascent in Utah.  We have moved heaven and earth trying to get him out.  He shouldn't be there, even his psychologist said it was totally unnecessary, and could be counter-productive.  This is a good kid, never skipped school, no drugs, no drinking, never arrested.  His crime?  He refuses to submit to his mother's wacko screaming demands. He screams back.  The problems are HERS.  It is documented.

We tried to get a court order to remove him.  Same thing.....got the same judge (marital master) who oversaw the divorce and has heard all the custody issues for the past 9 years.  And has always been biased for the mother.  We couldn't PROVE he would definitely be harmed by being at Redcliff (and she didn't care what the psychologist had to say about it) and we were DENIED.  

My husband and his EX have Joint Legal Custody, yet Redcliff won't release the child unless we get a court order from a UTAH COURT (we live in NH).  It doesn't matter to them that my husband is his father.  Redcliff refused to recognize he has any rights whatsoever.  And lately, they have refused to communicate with him at all.  

In Redcliff's enrollment contract, they have a section to address withdrawal by another parent, and say they will simply release the child to the other parent, regardless of that parent's custodial status.  But they have a whole different set of requirements for my husband.  And they refuse to explain this.  Hopefully our attorney can flush this out this week.  In the meantime, my husband is inconsolable.  He feels so helpless that he can't do anything for his son.

[Nonconformistlaw]

From a soon be lawyer's perspective...its really disheartening for me to see how ineffective and arbitrary family court can be. And unfortunately, I've heard about 'mother bias' as well. Although I cant wait to try to help parents like you someday, I also dread the day I represent someone in your shoes, because believe me, I DONT agree with how situations like your's seem to go nowhere in family courts...I assure you, I will lose lots of sleep over times when the system fails...and for what its worth, I hope to figure out how to overcome the legal barriers you face.

But as I read through these posts on this topic, of various parent's struggles with family court, and as I search for an answer to this whole predicament....and I cant help wonder if the problem lies within program contracts themselves....

So, Notafriendofredcliff and P.E.N.1, I was wondering....has your attorney seen the program contract?

Here's why I ask....I cant help wonder if a judge's hands might be tied because of the contract one parent signed...in other words, I wonder if the contract itself legally gives Redcliff the legal right to deny you contact with your child?...(I have a huge ethical and moral disagreement with a program having that much power over a child's parents). But I dont know for sure, so you would have to ask your attorney about this.

::rainbow:: [ This Message was edited by: Nonconformistlaw on 2005-08-21 11:01 ]

[Anonymous]

If Red Cliff is not adhering to the terms and conditions of their own contract (regarding parental custody issues), I would think the Dad should explore filing a lawsuit against Red Cliff.  

 :eek: