Legal Question in Family Law in California

my wifes ex has a wife that is a family law attorny plus sits as an pro-tem judge from time to time. This attorney has gone out of her way and seemingly abuses her position with the court. she is unable to have children of her own and has decided to create a situation as to where she and my wife ex(who has signed his rights away to his kids twice)could have sole and physical custody of my wifes 2 children. the couldnt handle the 13yr old boy so they kicked him out and now he is back with us. this attorney has found 2 traffic warrants pertaining to my wife and had her office assistant contact a friend at the police department and see if they would serve the warrants(the officers were from the s/e division and we live in the n/w division). There is an internal investigation in the department going on at this time. This attorney has been meeting with my wifes other ex to find a way to have custody of my wifes other child taken from her(odd). Now she is meeting with my ex wife trying to cause more issues between me and my children. she has been doing background checks and wont cease until they have destroyed my wife. also when my wife went to pull paticular documents from the court archives, the documents she needed copies of were no-longer in the file. i believe she is using her position with the court for personal gain.

there is alot more to be told but,,,,, is this ethical or is it even legal? what recourse do we have? We cant afford an attorney so any help is appriciated


Asked on 4/27/10, 1:48 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It's a felony in California for someone to remove documents from a court file, or tamper with a court file. I assume that you have conformed copies that would show that those court documents are in the court file. My suggestion is to file a formal complaint with the California Commission on Judicial Performance (CJP), and to provide a duplicate copy to the Presiding Judge at that courthouse. Lately, the CJP has shown a tendency to come down on Presiding Judge's who are not properly supervising the other judges, commisisoners and pro-tems.

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Answered on 5/02/10, 2:29 pm


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