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Court systems fail

Updated on February 28, 2008

The court system in America works at times, others it fails miserably. Everything is facts, confirmed by me, and even events witnessed by me.

Let me draw out the facts, then think through the conclusions. A man and a women get divorced, no big deal, happens all the time. There is even a child involved, sad, but it does happen as well. The divorce was agreed up between the two. They also verbally agreed to have a single attorney draw up the paper and agreement on who gets what. During this time, there is no warning sign of things to come. He leave to GA to take a job, nearly 500 miles away.

Then, one day, all hell breaks lose. He comes back to town, to get his stuff, except this time he has his two brothers with him. They take everything they can get their hands on, including food, and the mothers clothes as well. Among other things they take a bike helmet, belonging to the child, the mother goes after the helmet, because the child is crying for it. One of the brothers corners the mom, and goes after her. The daughter throws the mother a hammer, which is taken away from the brother. At this point he keeps attacking and the brother jumps in and starts beating her as well. She is in a cast from knee surgery at the time. A women, in a cast being jumped by two full grown men, in front of her daughter, while the father stands there and snickers.

The get bored with the beating, trash the house, video tape themselves trashing the house, and leave. Once gone, the mother and daughter are left with nothing. They go immediately to the police station, and receive an order of protection. Not only because of the beating, but because they took an unregistered handgun as well with them.

The father then served divorce papers on the mom, demanding custody. The order of protection was dismissed because all three of the brothers lived out of state, but they were also ordered to stay out of Tennessee for 3 to 4 months, and the mother was given temporary custody.

She was granted temporary custody until formal hearings could be held. The mother and daughter were happy, they were living, the child's grades were excellent, straight A's in advanced classes. The father proved to be difficult, and even with a restraining order was still coming around, stalking them, standing outside the house at night, even breaking in once. Even though these actions occurred, the mother still allowed him to talk to the daughter on the phone, if the child wanted to. The child was terrified of the father, having seen him beat her mother up, push her down, yell at her, and chase her.

Enter the court hearing, which took place in Monroe county Tennessee. The father comes with his lawyer, and his parents and brothers, all to destroy the testimony. The mans father is a minister, and was a character witness for his son. From the very start of the case, the restraining order was dismissed, and any evidence to the character of the father was not allowed. The daughters wishes were not taken into account at all. The father at this time had not paid the mother any of the assets from the divorce that he had been required too. He moved out of the state, creating a situation for the child that was going to be less then ideal. The school system where he moved was sub-par to where the child was currently enrolled.

During this trial, nothing the mother presented was allowed. After the final ruling, the father was granted custody, based on a point system, and the winning point was he was more likely to let the mother see the child then the mother was to let the father see the child. Which was totally false. The father had never had anything to do with the raising or care of the child, and was merely being vindictive towards the mother. My opinion of the ruling was at the time, Tennessee recently began giving the fathers more rights during custody, and this overzealous judge was going for popularity points.

So, the child leaves the mother tearfully, and goes to Georgia to live with her abusive father. During this time the child was left unsupervised, her grades dropped, she was allowed to go out at night on her bike down busy roads. The father interfered with all phone calls too the mother, something implicitly forbidden in the custody agreement. He has not to this day given the mother a single report card, nor does he inform her of any medical issues the child has. She has had extensive oral surgery, unnecessarily so, even by other dentist opinions. The child's grades approximately 25% lower, not taking into account her not being in advanced classes.

Since this time, the father has committed nearly 200 infractions against the custody order. And nothing has been done yet. He did not take the parenting class as ordered, he has not paid a single dime from the divorce to the mom, he doesn't follow the visitation decree, and still has custody!.

Why is situations like this allowed? He has everybody down there convinced the child's mother is worthless, neglectful, etc. He has slandered and lied about her to everybody. The ones who meet her seem shocked, because she is nothing like what he tells everybody. It breaks her heart everyday, not knowing what goes on, trying to enjoy a brief phone call while in the background the father puts words in the child's mouth, laughs and ridicules the mother.

And the child, she has no will left, her most popular answer is "I don't remember". She has been put in a bad environment, and continues to deteriorate. This whole time the court sits on its collective rump, and turns a blind eye to the situation. The lawyer in charge of the case, is beyond worthless; and having found out he is fishing buddies with the fathers lawyer, it is no surprise.

If you take anything from this article, please let it be that the court is not perfect, sometimes the bad person wins, and I hope you take a small measure of outrage as well, because this is a travesty, that cannot be allowed to continue.


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      9 years ago

      I know all to well how the system fails, here is my story:

      Letter to the Judge, The SYSTEM STINKS!

      June of 2005, nearly Four years ago, is when I filed a parentage complaint. All I wanted was simply child support, the amount to be decided by the court, which I thought was my child’s right. Shortly after the papers were filed and forwarded, I received a phone call from the father saying, "NO ILLINOIS COURT OR JUDGE IS GOING TO MAKE ME PAY ANYTHING AND IF YOU CONTINUE WITH THIS, I AM GOING TO DESTROY YOU". I thought to myself, this man must think he is larger than God.

      I did exactly what I was supposed to do. I trusted in our legal system and the government agencies that this country has set up to handle these cases. After paying tens of thousands of dollars to attorneys, "professionals" who specialize in family law; who have attended law school; studied to learn the law, statutes, codes and procedures; I am Financially Destroyed and don't receive a dime in child support. I don't dare think that Eugene is in any way close to a God, but he sure is one smart man; and was he right with what he said to me? I am still trying to wrap my mind around the fact that he was able to disrespect the court by totally ignoring the court for almost THREE YEARS, after being served notice, documents, requests for discovery, etc. Then after Three Years, he was able to come into the court and dispute the case from the beginning. Now, mind you, I had paid dearly for every step already and because of his actions Three Years Later, I had to PAY AGAIN, a SECOND TIME. Not only that, he managed to have this case put in two courts, the state where i live and the state where he lives. Now, I have had to retain attorneys in both states. So, now for a THIRD TIME I’m paying for this case. Just unbelievable! All the details of what has transpired with the court and the child support agencies are completely mind-blowing. I shake my head in disbelief each time I think about it. There was not just one mistake, there were several mistakes made, none by me though, I had the “professional” handling everything. The work of the professionals whose reputation precedes them, amount to “White Collar Crime” which is another story all together. Last month, on the court’s own motion, the judge has vacated his last child support order because of an error he claims he made. When asked by one attorney how he should write the order the judge say’s, “I don’t want it to say the judge made a mistake”. I’m told by the judge I can still get the permanent child support order by starting over! Of course, I would have to pay for a FOURTH TIME! SOMEONE PLEASE, help me to understand this system. But guess what, now after four years my daughter will be emancipated in two months. That means you can’t get child support. Is it even possible to get everything done proper in two months when it could not get done in four years? Even so, I look at the bright side. I am so blessed with my daughter. She is the best child I could have ever hoped for. She’s beautiful, intelligent, caring and loving. She is headed for a top University in September. How we are going to pay for it now, I have no idea. But for sure, she is headed for a great life. This whole system has left me confused, frustrated and of little faith. Its okay to forget about me in this, but the best interest of my daughter has not been fulfilled. Her rights have not been protected. I can only pray for all the other children and their families that have to endure the same stress, turmoil, and utter financial drainage as I have in this process. I hope in the future these “professionals” would truly learn to retain the integrity, work ethic, moral value and best interest of the child because clearly, what has happened here, was not in the best interest of mine. I CONSIDER THIS A CRIME!

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      9 years ago

      Here in Washington DC, the Public School System fails to educate the children then gives these uneducated children a jail cell to live in. Criminals are manufactured here by failure and neglect. They are treated so inhumne you would not believe it. I go to the courts and sit in where I can cause some of the juvenile courts don't want you to see what they intend to do, they hide behind juvenile privacy regulations. But if you are allowed to sit in and witness what goes on in the court room from the judge to the Probation Officers it is frightening. Some of the the judges should never have been placed in position to do what they are doing to the black children. They just throw them in jail for little or nothing, while latino, hispanic and white children don't even make it to court. I watch this and can't believe it, someone is sleep at the wheel here. The lawyers here advise the youth to plead and state their is no chance of getting a fair trial before some of these judges so the youth have to plead guilty to charges they didn't even commit. Never in life have I seen anything like this. There needs to be a Congressional investigation into some of the DC Juvenile Judges cases. Look at their statistics they speak for themselves.

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      Larry Driver 

      9 years ago

      Here is a real court case of a soldier that retired after 20 years and in jail/prison 7 months later.

      Dec 16 2008 I had a court date in Georgia and this is just some ofwhat was said.1. Judge Rahn of Pembroke GA refused me a continuance to find anattorney and put me in jail for 30 days as the hearing was going oncharged with non support of a child over 18. He awarded my ex and hernew husband all I had after the divorce decree.2. My right to appeal all this was 30 days, the same time I was injail. While in jail I was charged with taking a radar detector fromher vehicle and their landlord was my court appointed attorney.3. I hired an attorney to help me but after 6 weeks he did nothing. Icut 2 tires on the vehicle and smashed the windshield.4. While in jail (the second time)Judge Rahn said he "overstepped hisbounds" and awarded me back the vehicle AFTER it was sold.5 One month later Judge Bass of Chatham County GA sentenced me to 5years do 3 in prison.6. On the day of release from prison I was sent to Washington DC withnothing but the clothes on my back. I had to sleep on the streets.7. Judge Bass then put an arrest warrant not to have me arrested butto keep me out of the state.8. The judge at the hearing then said I needed counseling and to "getover it and move on."9. I commented that 7 months after a soldier retires from 20 years offaithful service he is in prison and THANK YOU SO MUCH FOR YOURSERVICE TO OUR COUNTRY. (He looked at me like I had 2 heads.)Along with paying 1/2 of the "retirement" over this I was also courtordered to give an additional $500. This is the kind of justice thatVets receive along with the Former Spouse Protection Act. I almosttold the judge that anyone that thinks this it legal andconstitutional needs counseling! I have searched the net and cannotfind anywhere to post this on a blog site that may make a difference.In my view, this is the kind of thing that needs to be put in front ofall these Reps that think this law is "FAIR."Any web site that you can share with me to place this I would begrateful. By the way....the Atlanta and Georgia bar both said nolawyer in Georgia is "qualified" to handle this case!


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