Legal Question in Family Law in Louisiana
I've been fighting for sole custody for 3 years. My son is now 4. This battle is still ongoing, and he has been kidnapped for over a year with the judge covering, not allowing any evidence to be submitted with pleadings or presented orally in open court. Here is a quick rundown by date of the biased, illicit judgments and other matters to the detriment of my 4 year old son. Keep in mind, I am the father, and have a substantial amount of child abuse evidence, neglect evidence, criminal activity, and evidence of severe mental illness (Soc Sec Disability) against my now ex-wife that 4 attorneys, nor I have been "allowed" to present in court and filing it in the Clerk's office is like a black hole for pleadings. When I was about to break the case wide open, her father hired an attorney and PI with connections in the DA's office, Sheriff Dept, AG, and now the US Attorney's office (Middle District of La) and cannot get my son back, as he is now kidnapped and has been FOR OVER A YEAR. Ive studied family and criminal law relating to my case for the last 2 1/2 years but I am a computer engineer by trade and currently a Pro-Se litigant as my family and I have spent over $100,000 in atty fees and costs nor have they been "allowed" to file any pleadings or evidence the judge doesnt want on record which is typical. Judge wont set a trial date, depositions, nothing although pre-trial inserts were submitted (incomplete) and a default 103(1) divorce was afforded to her one day before the judge had me arrested with AN ARREST WARRANT UNSIGNED allegedly for contempt of court for missing a court date that was taken off the docket and put back on again. I spent 1 1/2 months in prison. Shes done this 4 times. I have NO criminal history. The judge is well aware of my overwhelming child abuse and mental illness evidence and even Pro-Se will crush my ex-wife open court as the law would only allow for supervised visitation at best. Ill be making a website this week with all "publicly available documents" to back up EVERY WORD as I am HOPING for some media attention. Local news is considering it but I need national attention and a Nationally recognized atty to save my son from a life of abuse. Here is a quick breakdown by date of events:
1.) March 2009 - I filed and received a TRO, temp sole custody, and other relief where she received an unprecedented number of continuances for 3 months never able to receive a permanent injunction.
2.) May 2009 - Judge has us sign a mutual non-harassment (no evidentiary hearing just both atty's in an in camera hearing) injunction in violation of Bays versus Bays. Judge refused to set custody! Injunction nor my TRO was entered into the LA Protective Order Registry.
3.) June 2009 - wife and her father break into my home while I was at work, my then 2 yr old son with his nanny. 911 is called as the front door glass smashes through the home via a 50 pound potted plant crashing through the glass. They hide in the back closet. Wife arrested for Violation of Protective Orders, Theft of prescription drugs, improp phone commun, crim mischief, crim damage to prop. Her father was not arrested he is friends with the Captain of the Sheriff's dept in our area. I had to push him to arrest her and threaten his job. After having to contact the DA and the highest of federal authorities she still only got probation for one year to "follow all family court orders" and was under a criminal order of protection to stay away from all victims which on paper only included me and the nanny.
August 2009 - She gets 50/50 custody for 2 months and made temp domiciliary parent! No evidence allowed in AGAIN.
September 2009 - My former atty was "to busy with other cases" to continue, i.e. he quit a no win situation. I filed a Pro-Se ex-parte sole custody motion. I had 100 pages of evidence incl medical documents, pictures, audio files, video, police records. Clerk for the judge said "that will cost you over $5000 to file (no I am not kidding). Even after showing him the fee scheduke and the total ACTUAL COST he argued and refused to let me file anything but the Pleading itself which was worthless without the evidence to back it up. To this day there is no Judgment saying it was denied, just a minute entry.
October 2009 - allegedly an Ad-Hoc judge sat in and continued custody although on that date it appears as if our judge was presiding.
Feb 2010 - My new atty files an ex-parte sole custody motion and has drug screen done before hand. Judge REFUSED TO READ HER RESULTS, but read my negative results. She then stated "Ive heard 3/4 of this before" which was a lie just so the minutes wouldnt reflect the true pleading. After 5 minutes it was denied. Again, the judge refused to sign the order. In lieu of her signature she wrote the word "Denied" right where it states "Judge's Signature" and that was is actually on file.
March 2010 - I keep my son as I could no longer take him kicking, screaming, punching his mother as he screams in terror begging me not to let her take him every time we approach the exchange point (AT THE SHERIFF'S DEPT WHO DOES NOTHING) She even has the audacity to pick him up while I hold a criminal protective order in my hand stating she cant be around me. None of the cops will look at it. I take it out, they walk away.
I give him back as opposing council had him picked up with a civil warrant even though she was under OCS investigation in 3 parishes which mysteriously disappeared after Child Services found her guilty thanks to the "good ole boys" in the DA's office. BTW, custody was never continued, nobody could find a judge to sign off on a continuation of 50/50 so when I told my atty no custody judgment existed my former atty I fired 4 months prior (a story in itself) and opposing council drew up a judgment and signed it although HE WAS FIRED MONTHS PRIOR. The judge wouldnt sign it, well, not legally, it was creatively signed "file unsigned" to appear like it was at first glance.
May 2010 - I kept him again. If you saw the medical reports and the videos of his reaction to his mother (Ill post the link to the site when its up) you would do the same. BTW, the judge wont sign another TRO obviously. Sheriff arrested me and my nearly 70 yr old mother as we were at her home for Interference with child custody.
June 2010 - The judges friend, a Justice of the peace in the parish my ex-wife lives in allows my ex-wife and her father to file "Peace Bonds" against me and my family stating "we cannot call the police" and "we cannot call child services" and "we cannot call my ex-wife even if she has the baby." Clear Title 18 violations to over up OCS who was about to convict her AGAIN. In addition Peace Bonds have NO JURISDICTION, NOR VENUE when the defendants live in another Parish, or outside the ward in which the JOP was elected for that matter. The JOP forced my family and I to date to pay him over $8000 in extortion money, he "continued" the Peace Bonds which is also illegal so now we have kidnapping, extortion, racketeering, false imprisonment, 2nd degree kidnapping, harassment, burglary, stalking, and terrorizing ALL WITHOUT INVESTIGATION. The SOP threw me my mother, dad, and fiancee in prison MULTIPLE TIMES for not paying his extortion fees or as he calls it "Peace Bond Funds" fast enough. Then he lets us out after a week in jail so we can pay him. Again no jurisdiction, improper venue, contempt carries a maximum of 24 hours in prison as well via a JOP.
July - my WHOLE FAMILY IS IN PRISON FOR CONTEMPT OF JOP COURT. GET THIS ONE supported by police record. My ex-wife has my home forclosed on while I was in the middle of a re-finance but the Judge threw me in prison for "alleged"contempt of court for missing a court date that was on and off the docket (home co-owned but she hasnt lived there in 2 1/2 years). My mother goes to check my mail one night and finds a 35 foot U-HAUL in the driveway and people stealing all my things from my house at 11pm at night. It was my ex-wife, her dad, brother, and boyfriend. Half of them take off. Her dad who was hiding under the carport in his truch calls police (his buddy) after my mother leaves. The sheriff ARRESTS MY MOTHER AS SHE IS MAKING A REPORT AT THE SHERIFF'S STATION! My exwife stated that "somone gave them permission to enter my home and take everything and that my parents were violating the Peace Bond by being in the same place as they were." Crazy enough? It gets better. For good measure the Sheriff's dept (exwife's buddy again) goes and arrests my dad as he was sitting inside his house for Violating a Peace Bond AND HE WASNT EVEN ON THE SCENE JUST SITTING AT HIS OWN HOME WATCHING TELEVISION!
August 2010 - I get out of prison, I cant call my ex-wife to find out if she is bringing my son to me that week. Another week goes by, my atty tells me "hes working on it"
Sept 2010 - May 2011 - My atty (now fired) filed nothing by meritless pleadings being careful not to use the word "kidnapping" in any of them. The Judge did everything in her power to COVER-UP THE KIDNAPPING. First she said you have to pay a $5000 bond to resume visitation. A rich friend gave me the money, paid it, nothing. Then she said "Go get a mental evaluation." I did that, submitted it as it stated "I see no reason why Mr. @$%@$$ should not enjoy full custody of his son, as he presents no evidence of any mental health tribulations." Still she does not return him. THEN the Judge signs a Judgment stating "go get another mental health eval" I said no I already did that. They AMEDNED the judgment that now states:
"Mr. #$# and his son W#$@# are to be evaluated together by Dr. @#$@# and if he decides it is in the Best Interest of the minor child, Mr. $$@##@# can have GRADUAL VISITATION"
Problems: 1.) I have not seen my son in a year, I have no idea where he is, if he is alive or dead, her atty wont answer my phone calls so how can I possibly do that? Even if I could an accurate eval is IMPOSSIBLE given his year long illicit retention.
2.) NO CAUSE OF ACTION
3.) Violates EVANS AND BERGERON CASES.
4.) The Judgment was rendered in March 2010. It was signed THREE MONTHS LATER in May, and sent to me weeks later. The AMENDED JUDGMENT adding my son to the evaluation was submitted on June 7 2011, signed June 13, 2011, and nobody told me. When I found out and found a copy in family processing after having a clerk look through piles of paperwork because the record stated it was amended and posted but was not in the file I demanded SOMEONE find it. So, someone did, and Notice of Signing went out August 1, 2011.
Why do they not give me proper notice? Because the judge knows Im trying to TIMELY file a Supervisory Writ and a Writ of Mandamus with the LA State Supreme Court where I PRAY they don't have any connections. If they do, its going to take media attention.
CURRENT PLAN / QUESTION: I am drafting a Motion to Vacate the Last Judgment (among others) to which the judge will deny and Ill file a Supervisory Writ in the Appellate Court then the LA State Supreme Court as they have friends in the local appellate court. The Supervisory Writ will state various matters of law and abuse of discretion and asking for the judge to recuse herself which she has refused to do twice already. HOPEFULLY returning my son.
QUESTION: Any advice on this one?
The US Attorney's office, Sheriff's Dept, and the feds said "we aren't getting involved in custody matters." so thats out. Guess I have to fly to DC and get Obama and the NSA to get him. This isnt a "custody matter" we are divorced although the 103(1) was highly illicit in its contents but nonetheless we are divorced and LA State law states that law enforcement HAS TO ENTER HIM INTO THE NCIC DATABASE. I have always been a good father, my son and I have always shared a very loving relationship as everyone that has ever known me has seen. I use to work with abused and neglected children on a volunteer basis for a few years as did my mother so to watch your OWN SON go through the abuse, neglect, broken arms, beatings he would come back with, dehydration, fecal impactions, Severe Sinuities, rashes, bruising and the 100% refusal by my son to go to his other. If I would even drive within 2-3 MILES of the exchange site he would start screaming NO MOMMYS! NO MOMMY! STAY WITH DADDY! STAY WITH DADDY! PLEASE DADDY PLEASE DADDY! bringing both of us to tears weekly breaking my heart, and breaking his body, his mind, and his spirit. Only to watch those that are paid to protect you and your family turn a blind eye. How in the hell do you combat that? How can I save him? I am lost without him, he is my world, and I was his. The bond we shared was unparalleled. And the evil of those doing nothing, and those covering up these crimes needs to be exposed. This IS A 4 YEAR OLD LITTLE BOY WITH AN ABUSIVE, MENTALLY ILL MOTHER AND HER WELL CONNECTED FATHER COVERING UP HER CRIMES. There is no crime worse than the deleterious treatment of a young child. What goes around comes around but my son doesnt have much time, assuming hes even still alive before the permanent torment of a year with an abusive parent remains instilled in him forever. If anyone can help me, please respond and Ill give you my email address. I feel I need national media attention to get him back, and keep him safe or this will never end.
1 Answer from Attorneys
This forum is for answers to questions. You are giving a lot of information but nothing complete. You are experiencing a very traumatic custody case and you should not do this without an attorney. If you feel that the attorneys or judges are not acting professionally, you need to report them to the Disciplinary Board and the Judicial Council.