Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?…' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

“Here Come da Judge!”

with 14 comments


 

Some times, hard times, a little humor helps me.  I seem to notice things that maybe others don’t (oft-burnt, twice as observant?)…

This is from Womenslaw.org about Custody, and a good question, plus a sidelong plug for (what else) supervised visitation. . . .  And no absolute commitment either way on this topic:

Can a parent who committed violence get “custody” or “visitation”?

Maybe. It is possible that a parent who has committed violence will get custody or visitation if the court determines that it is in the “best interest of the child” to do so. Generally, judges beleve it is in the child’s best interest to have frequent contact with both parents.*1

{{so, the “court” kind of being the “judge” who signs the order, we get back to what judges generally believe…  For more of that, see the AFCC conference as to what’s being promoted among many of them…}}

Conservatorship / Custody:

If a person is filing for sole or joint managing conservatorship, the court will consider whether the person has been abusive toward his/her spouse, the parent of the child and any person under 18 years old within the 2 years before filing for conservatorship or during the proceeding. A judge may deny joint managing conservatorship if s/he finds that there is a history or pattern of child neglect or physical or sexual abuse of a parent, spouse or child.*2

{{then, again, they also may not.  Sounds like a toss-up to me…}}

The judge may not {{OR, may…}} appoint joint managing conservators if reliable evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child. *3

Likewise, the court [[as opposed to “the judge?”] will consider {{but will it act on?}} any incident of family violence in deciding whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.*4

Possession and Access / Visitation:

If a parent has been violent within the last two years before filing or during the court proceedings, a judge may {{or may not, we have no committed policy here, right?}} deny that parent possession of or access to the child unless:

the judge decides that allowing the parent access is not a danger to the child and is in the best interest of the child; and
the judge approves a possession order that will protect the child and any other victim from the abusive parent. The order may require:

  • supervised access;  {{Here’s the Business Model…}}
    exchange of the child in a protective setting
    (see note below);
    that the parent not drink alcohol and not use any drugs within 12 hours before or during the time the child is with him/her; or  {{See my comments on Oconto, Wisconsin, where the father was caught DUI with the daughter in the car, but still it was the MOTHER who was jailed for failing to force the daughter back into that situation.}}
    that the parent attend a batterer’s prevention program or any program the judge finds appropriate. *5

Tell the judge if you have gotten a protective order within the last 2 years against the parent seeking possession of and access to your child. The judge will consider this when determining whether there is a history of family violence.*6

{{Note:  Some women get SMART after the first several violent incidents, and survive more than 2 years in a relationship before someone shows them how to get out.  In this case, asking what happened in the last 2 years may not indicate that the father/husband/partner has reformed or settled down, or repented, but simply that the mother/wife/partner simply got cagier and smarter in how to avoid them.  As many abusers also are control freaks, as toa ccess to transportation and ways to escape their abuse, this may involve shutting down emotionally, and teaching the kids to also, i.e., “walking on eggshells.”  how many judges take the time to tell the difference?}}

Note: If the abuser is granted possession and access to your child, ask the court or a local domestic violence program for information about visitation centers or visitation exchange facilities in your county if you think that is a good option for you.

GOT THIS?  The judge MAY respect the danger of domestic violence, or the judge MAY instead choose to drop-kick the problem to some cronies in the supervised visitation field.

{{Which of course they will prime you to.  . . .. . I asked for this, and was of course, not told that there is federal funding for this, but not available so readily for MOMS…  Not being incarcerated, an abuser, or behind on my child support (as the custodial mother), there was no outreach program to help me.  And as I wasn’t preventing access, that wasn’t an issue.  Thanks, dudes for rewarding me for compliance and good-faith allowing regular access to my growing (and healing) children by totally removing them from me, failing to enforce child support — at all, practically — and allowing him after custody switch to totally cut off contact, failing to report felony child-stealing (meaning, no Victims of Crime compensation), and no help after this event trashed my jobs.  Thanks.  Merry Christmas to all, and let’ em eat cake…}}

It is assumed by the court that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if there is credible evidence of a history or pattern of past or present child neglect or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. *7

*1 Tex. Fam. Code § 153.131
*2 Tex. Fam. Code § 153.004(a)
*3 Tex. Fam. Code §153.004(b)
*4 Tex. Fam. Code § 153.004(c)
*5 Tex. Fam. Code § 153.004(d)
*6 Tex. Fam. Code § 153.004
*7 Tex. Fam. Code § 153.004(e)

======================

(Since I’ve already dated, if not geographically marked (as to California) myself, I’ll go one step further and admit, this “well, it depends. . . .. ” approach to whether an abuser (or “a parent who has committed violence”) can get custody of a child approach reminded me (see highlit words, above) on the old comedy routine:

“Here Comes Da Judge!”

 

A little more judicial humor, even more dated (i.e., not my own…):

THE INSCRUTABLE WORKINGS OF PROVIDENCE

My last blog{{whoever this is...}}, on the rather bland exchanges between lawyers and justices of the U.S. Supreme Court, gave me a craving for red meat. So I pulled out my copy of Winston Churchill's marvelous little book, Great Contemporaries, and I turned to the essay on F.E. Smith, a lawyer who later became the first Earl of Birkenhead. Smith was famous for his stilletto wit, which once drew a pompous rebuke from a presiding judge: "Mr. Smith, have you ever heard a saying by Bacon -- the great Bacon -- that youth and discretion are ill-wedded companions?"  "Yes I have," came the instant repartee. "And have you ever heard a saying of Bacon -- the great Bacon -- that a much-talking judge is like an ill-tuned cymbal?"  Taken aback, the judge resorted to scolding, "You are extremely offensive, young man,"  "As a matter of fact," said Smith, "we both are; but I am trying to be, and you can't help it."  The judge, who apparently had never heard of citing a lawyer for contempt, came back for another drubbing: ""What do you suppose I am on the bench for, Mr. Smith?"  "It is not for me, your honor, to attempt to fathom the inscrutable workings of Providence."  That kind of exchange is something we we will never hear in oral arguments before the Supreme Court. Americans are much too dignified for any such thing. Posted on January 9, 2006 10:40 PM | Permalink 
OR:
If I want to quote a Supreme Court justice who was genuinely funny, I usually turn to Oliver Wendell Holmes (1841-1935).Among my favorite Holmes stories is the one concerning how he was supposed to lecture at a college, and discovered that he had arrived at an insane asylum by mistake. The justice was philosophical. “Oh well,” he said to the guard, “I don’t suppose that there is a great deal of difference.”  For once, the legal eagle was topped. “With great respect, Mr. Justice,” the guard replied, “there is. Before they let you out of this place, you have to show some improvement.” Posted on January 2, 2006 7:53 PM | Permalink
 

More, “HERE COME DA JUDGE” info:

Here comes the Judge!

Here comes the judge!

The court's in session!

The Funky Judge! Updated 8.28.02

 
That’s right. 1968 was the year of the funky craze (see last issue’s Soul With An African Twist). It may not have showed up on the Chinese astrological calendar, but ’68 was definitely the year of the Judge.          Dewey ‘Pigmeat’ Markham  trod the boards of the ‘Chitlin’ circuit for decades as well as appearing in many of the ‘sepia’ films aimed at forcibly segregated black audiences. In 1968 a routine of his about an angry, obstreperous judge broke into the mainstream of America’s pop consciousness.        Pigmeat, a big guy with a loud, extremely gravelly voice would enter with a chant of:       ‘Here come da judge, here come da judge! The court’s in session, the court’s in session!’ and then would launch into a hysterical tirade. In early 1968 Pigmeat and his rap found their way onto Rowan & Martin’s Laugh-in, and rapidly became a favorite, eventually becoming a regular on the show. It wasn’t long before ‘Judge’ records started to appear on the scene.        Ironically, the first hit (chronologically) was not by Markham but Motown mainstay Shorty Long. Long, who had hit before with the original versions of ‘Devil With the Blue Dress On’ and ‘Function at the Junction’, made it (in June of ’68) to #4 on the R&B charts and #8 on the pop charts with his very funky ‘Here Comes The Judge’. In Long’s record, the Judge is sentencing the defendant to various amounts of time for the boogaloo, the four corners and the Afro-twist. The judge on the record even sounds like Pigmeat.       Markham charted with his own version a few weeks later, on Chess (Chess2049). His tune ( a different song entirely) starts out with a long proto-rap speech, with exclamations from the gallery. The tune breaks into a deep, rough funk. In fact, despite the fact that he was an old fella, Pigmeat laid down the funkiest records in the entire ‘Judge’ genre (though it’s fair to mention that he had the mighty talents of the Chess house band backing him up).

I’m not really “playing around” so much as it might appear.  Did you do your homework last few posts, and look up the L.A. County Judges Slush fund (at least acc. to Marv Bryer et al.), how it started out of the county court house, not paying taxes for years (til basically forced to), morphed into CCC then somehow AFCC, and now we have these tremendous professionals, and social scientists figuring out our problems for us…..?

ETHICS, TRANSFORMATIONS, and Dr. JUDITH REISMAN, Kinsey, etc….

http://www.drjudithreisman.com/archives/CaliforniaCripplesWomen.pdf

I cannot find the exact article where Dr. Reisman was talking about the importance of ETHICS in public servants, and referring to a certain (old) law that was being undermined.  She is a controversial figure for sure, but I responded to her personal story, which you might also, and how her own world got rocked when it was discovered a relative had been molested.     …. I’d also like to note:  articles are published onto “WND” (World Net Daily) which I do NOT espouse overall….

http://www.drjudithreisman.com/about_dr_reisman.html#journey

Summary:

Dr. Judith Reisman is sought worldwide to speak, lecture, testify, and counsel individuals, organizations, professionals and governments in Media Forensics, the scientific analysis of images, pictures, cartoons, illustrations, pornography and text in sexual harassment of women and children in the workplace, schools, and homes. Her Media Forensic expertise has been successful in child custody cases, examining “pseudo-child” and “virtual-child” pornography, as well as in judicial and legislative decisions about a) fraudulent sex science, sex education and b) the way in which media images restructure human brain, mind, memory, and conduct by hijacking rationality. The special emphasis of her Media Forensic research has been and continues to be the scientific documentation of the difference between public and private space human erotic displays, and the subversion of informed consent via exposure to supranormal visual stimuli.

Dr. Reisman is a consultant and former president of The Institute for Media Education and is the scientific adviser for the California Protective Parents Association. She was Principal Investigator and author of the U.S. Department of Justice, Juvenile Justice study, Images of Children, Crime and Violence in Playboy, Penthouse and Hustler (1989), Kinsey, Sex and Fraud (Reisman, et al., 1990) and Soft Porn Plays Hardball (1991), Partner Solicitation Language as a Reflection of Male Sexual Orientation (w/Johnson, 1995), and Kinsey, Crimes & Consequences (1998, 2000) and is a news commentator for WorldNetDaily.com. She has been a consultant to four U.S. Department of Justice administrations, The U.S. Department of Education, as well as the U.S. Department of Health and Human Services. Dr. Reisman is listed in numerous Who’s Who biographies such as: Who’s Who in Science & Engineering, International Who’s Who in Sexology, International Who’s Who in Education, Who’s Who of American Women and The World’s Who’s Who of Women. Her scholarly findings have had international legislative and scientific import in the United States, Israel, South Africa, Canada and Australia, while The German Medical Tribune and the British medical journal, The Lancet demanded that the Kinsey Institute be investigated, saying:

The Kinsey reports (one in 1948 on males and the companion five years later) claimed that sexual activity began much earlier in life…. and displayed less horror of age differences and same-sex relationships than anyone at the time imagined. It was as if, to follow Mr. Porter again, “Anything goes”. In Kinsey, Sex and Fraud, Dr. Judith A. Reisman and her colleagues demolish the foundations of the two reports … Kinsey et al … questioned an unrepresentative proportion of prison inmates and sex offenders in a survey of “normal” sexual behavior. Presumably some at least of those offenders were also the sources of information on stimulation to orgasm in young children that can only have come from pedophiles–or so it must be hoped. Kinsey…. has left his former co-workers some explaining to do. The Lancet, (Vol. 337: March 2, 1991, p. 547).

Tim Tate, UNESCO and Amnesty International Award-winning Producer-Director of “Kinsey’s Paedophiles,” Yorkshire Television, Great Britain, 1998: “In the course of producing my documentary-Kinsey’s Paedophiles–it became clear that every substantive allegation Reisman made was not only true but thoroughly sourced with documentary evidence–despite the Kinsey Institute’s reluctance to open its files.”

 

HER STORY:

By Judith A. Reisman, Ph.D.

I have been asked to introduce myself so that you know something of my life and how I came to discover Kinsey’s child molestation protocol, his false data, his molding of modern sex education and of western sexual culture and conduct, as well as how I came be involved in international governmental hearings on science fraud, child sexual abuse, pornography, drugs and the other critical issues of our time. I will try to touch on the points in my life which may be of most use to readers of this Kinsey expose.

I was born, Judith Ann Gelernter, in 1935 in Newark, New Jersey. Mine was a large and thriving second-generation Jewish-American family, Russian on my maternal side, German on my parental side. Both sets of grandparents had fled persecution in Europe, and upon landing at Ellis Island in New York, they thankfully embraced their adopted country, immediately took up menial labor, and raised large families of achievers.

My father Matthew was born in Massachusetts and my mother Ada in New Jersey. They eventually owned “Matthew’s Sea Food,” which they developed into a prosperous fish business in Irvington, New Jersey. The Gelernter’s held family meetings every few months at Aunt Laura’s large home in South Orange, New Jersey. More than forty adults and dozens of children sat down to dinners tastefully arranged and served, table manners always impeccable. After dinner, without the modern invention of television, political debates raged between my parents and the family. My parents were the radicals of the family. They believed the widely publicized propaganda of a perfect new world order under socialism or communism. None of our mainstream newspapers had ever revealed the multiple millions of Russians murdered by “Uncle Joe” Stalin. Still, all was mended when cousin Ruth sat down at the piano to accompany my father and three aunts, Laura, Shirley and Mary, as they sang old Yiddish and American folk songs in four-part harmony. I was mesmerized.

For me, they were musical giants, singing, swaying, smiling and beckoning. My dad, looked, I thought, movie-star handsome alongside my favorite Aunt Mary, a beautiful red-haired, green-eyed soprano who had rejected an offer from the Metropolitan Opera in order to marry and raise a family.

. . .

I lived at a wonderful time. My mother welcomed me home every day and my father supported anything I did. I was safe among neighbors, uncles or cousins due to the delightfully repressive influence of the time. I married, and the hedge of protection about my life was not breached until 1966 when my 10-year-old daughter was molested by a 13-year-old adored and trusted family friend. She told him to stop, but he persisted. He knew she would like it, he said, he knew from his father’s magazines, Playboy, the only “acceptable” pornography of the time. The boy left the country a few weeks later, after it came to light that my daughter was but one of several neighborhood children he had raped, including his own little brother. My heart was broken for all the families involved.

This appalling event in our lives, I would learn later, was a pattern with juvenile sex offenders, as they are known in law enforcement circles.

I might never have known anything about her violation, except that my daughter slipped into a deep depression. Only after I promised not to call the police would she talk about what happened. After assuring her this was not her fault, I called my dependable, staid aunt who listened sympathetically and declared, “Well Judy, she may have been looking for this herself. Children are sexual from birth.” Stunned, I replied that my child was not seeking sex, and called my Berkeley school chum, Carole, who counseled, “Well Judy, she may have been looking for this herself. You know children are sexual from birth.” I wondered at this same locution from two such different people so separated geographically. I recognized an ideological “party line.” I did not know it then, but as a young mother, I had entered the world according to Kinsey. I would hear and read that “children are sexual from birth” often again. But finaly I would uncover the hidden circumstances surrounding its source.Dr. Judith Reisman - 219 x 240

 

What will your judge believe?         Suppose it was your daughter?  As a mother — like the Berkeley (female) officer who finally noticed something was “off” regarding Phillip Garrido’s twoa ccomplices, will “da judge?” be receptive to your story, your kid’s story, or your partner’s story?  Will all of them be considered “stories” and then business farmed out to a mediator, because the story now, is, equal parenting, pretty much no matter what…..  And we MUST resolve our (irreconciliable?) differences in Conciliation, excuse me, Family Court, because it’s emotionally damaging to have irreconciliable differences with real damages.

I really believe the only way out is to find out who is paying these pipers.  My research, to date, shows that it’s NOT just the litigating parents, but the entire taxable workforce.  And the organization spouting all this stuff began by dodging taxes itself, allegedly.  Go figure!

(THESE few from NAFCJ.net, home page — links may or may not be current, but are searchable):

“Protective Mom Accused of Witchhunt”, 11/23/1999, By Cheryl Romo, LA Daily Journal — Karen Anderson, one of the retaliated protective mothers mentioned in the Insight story, has since obtained hard evidence (cancelled checks) that federal money from fatherhood programs was used without her knowledge to pay-off all court officials in her case. Anderson along with Connie Valentine are heading up NAFCJ’s reform action in California. 

A Financial Fiasco Is in the Making, By Kelly Patricia O’Meara, Insight Magazine, Los Angeles Superior Court Judges Association, 2002, still slushing funds
and not paying taxes…  

Insight Magazine “Is Justice for Sale in LA?”, By Kelly Patricia O’Meara – Marv Bryer fights against corruption in Los Angeles County Court – the original AFCC court  judges’ association, and promoters of Dr. Richard Gardner’s discredited pedophile theory, “PAS” Parental Alienation Syndrome.  

Insight Magazine “New Scandals in LA Courts”, By Kelly Patricia O’Meara — Continuation with more of Marv Bryer’s evidence details on an alleged slush fund for the L.A. Superior Court Judges Association (AFCC judges) and the possible extortion of civil litigants by some officers of the court.”  

Retaliation Against Professionals Who Report Child Abuse, By Katherine Hine, J.D., Exposé The Failure of Family Courts to Protect Children from Abuse in Custody Disputes, A Resource Book for Lawmakers, Judges, Attorneys and Mental Health Professionals.

I’m still looking at the googled “Marv Bryer” myself:  here’s a sample of printouts:

  • Videos: Interview with Marvin Bryer – Naples, Fl | Naples Daily News

    Marvin Bryer talks about getting to see Obama – Video taken in or around Naples, Florida.
    http://www.naplesnews.com/videos/detail/interview-marvinbryer/ – CachedSimilar
  • Have you Ever Heard of Marvin Bryer

    3 posts – 3 authors – Last post: Dec 28, 2008

    Have you Ever Heard of Marvin Bryer. It starts at about Minute 50 about Marvin Bryer. The below document indicates some of the stuff
    forum.prisonplanet.com › … › General DiscussionCachedSimilar

  • IRS Non-Profit Organization

    Dec 21, 1998 A letter has been sent by Marvin Bryer to the IRS alerting them of this scam; the attendant mis-use of government facilities;
    http://www.johnnypumphandle.com/cc/irscpa.htmCachedSimilar
  • Bryer Tort Claim of 9/10/98

    May 8, 1999 Enter Marvin Bryer, a retired computer analyst in La Crescenta, Calif. . . . . Bryer became ensnared with the family-court system after his
    http://www.johnnypumphandle.com/cc/bryr0910.htmCachedSimilar
  •  

    You know what?  Maybe the love of money IS the root of all evil.  Not using it, not having it, but loving it more than, say, children.  Or oaths of office, etc.

    Exposing & Prosecuting

    Judicial Corruption thru

    Common Law Discovery

    by Marvin Bryer  [1997]

    http://famguardian.org/PublishedAuthors/Media/Antishyster/V07N4-ExposingProsecJudicialCorrThruCommLawDisc.pdf

    DISCLAIMER:  Note, this seems to be a survivalist, gun-toting, all-American (you get the picture), I’d say for sure conservative site.  I am just curious to read the Marv Bryer article, and don’t know if this represents his philosophy either.  Sort through it, though.

    THE THING IS:

    If you are going to the fruit stand in a store, are you going to sort and pick through apples for the good ones?  Or pick a pre-bagged, inspected, certified organic (etc.) one, whose packaging you trust?  Or, alternately, skip apples for today.

    They say one bad apple spoils the whole bunch.  When you get divorced and can’t figure it out OUTside court, you must go INSIDE, and in this case, you can’t forum-shop or judge shop.  Remember, if there is conflict within a family, the parents just lost jurisdiction, acc. to that old law (see last few posts).  Your kids and your life are no longer your own.

    Therefore it’s IMPERATIVE that ALL financial incentives to defraud the public be removed for ALL judges.  This ain’t going to be a walk in the park, and I wish that the Moms and Dads both (the honest ones) would quit yakking about social science studies and do their math homework.

    Hope you appreciate this sacrifice of my own internet time just made to day.  Have a nice day… and Let’s Get HONEST!  And make sure our public officials do also!

    Thanks.

     

    14 Responses

    Subscribe to comments with RSS.

    1. […] Chesler // Dear Alice [Walker] // Dear [Pres.] ObamaLet the Blog-roll… My picks, and comments“Here Come da Judge!”AAJ clocks in on Court Secrecy & Forced Arbitration….AFCC Feb. 2010 Presenters — Family Law […]

    2. […] Can a parent who committed violence get “custody” ? “Here Come da Judge!” by LETSGETHONESTblog Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]

    3. […] Can a parent who committed violence get “custody” ? “Here Come da Judge!” by LETSGETHONESTblog Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]

    4. […] Can a parent who committed violence get “custody” ? “Here Come da Judge!” by LETSGETHONESTblog Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]

    5. […] Posted by Claudine Dombrowski on 2010/01/06 Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]

    6. […] 01/06/2010 at 18:12 · Filed under Uncategorized Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]

    7. […] 01/06/2010 by Claudine Dombrowski Let’sGetHonestBloghttps://familycourtmatters.wordpress.com/2009/12/19/here-come-da-judge/ […]


    Leave a Reply

    Fill in your details below or click an icon to log in:

    WordPress.com Logo

    You are commenting using your WordPress.com account. Log Out / Change )

    Twitter picture

    You are commenting using your Twitter account. Log Out / Change )

    Facebook photo

    You are commenting using your Facebook account. Log Out / Change )

    Google+ photo

    You are commenting using your Google+ account. Log Out / Change )

    Connecting to %s

    martinplaut

    Journalist specialising in the Horn of Africa and Southern Africa

    Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

    'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

    Red Herring Alert

    There's something fishy going on!

    The American Spring Network

    News. by the people, for the people. The #1 source for independent investigative journalism in the Show-Me State, serving Missouri since 2011.

    Family Court Injustice

    It Takes "Just Us" to Fight Family Court Injustice

    The Espresso Stalinist

    Wake Up to the Smell of Class Struggle ☭

    Spiritual Side of Domestic Violence

    Finally! The Truth About Domestic Violence and The Church

    %d bloggers like this: