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  1. #1

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    Minors Counsel Overstepping Bounds

    I had a tentative decision last week from the judge in my custody case that my daughter was coming to live w/me. She's been failing school & was kicked out of a Private Christian School for her grades. My ex essentially had no way out - he's hadn't done anything to help my daughter and the school counselor came to testify to that. The judge told his counsel to tell him it would be better if he agreed and everyone work together with the move. He wouldn't budge. The judge said he was entitled to "due process" so we came back this week for a trial. Before the trial started, Minors Counsel requested to talk to the judge in chambers alone. (BIG mistake) Everyone agreed. After 45 min. the judge came out, cleared the courtroom, and proceeded to tell us that my daughter had severe emotional issues that needed to be dealt with immediately before she was going to make any changes. She then sealed the records. ??? What the heck??? I still don't know what she was referring to, and I can't see the transcripts. Is that legal? I am my child's parent. If she has some type of emotional problem shouldn't I be entitled to know about it and who made minors counsel a mental health professional? The judge ordered my daughter to be in therapy a minimum of 2 times per week based on what minors counsel told her. My daughter has a therapist that she saw the day before all of this happened and she is amazed & baffled that minors counsel didn't even consult her to what was going on (minors counsel consulted her the week prior & told her she was recommending my daughter come live with me). What can I do? This court and the judge is like a good old boys club- they do whatever they want. Help!


  2. thelawprofessor's Avatar
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    I'm very sorry to hear about what is going on. After seeing for myself some corrupt courtrooms in remote areas, I can believe the strange and unfair can happen.

    That said, I'm not sure you have to worry. You need to find out more about what "sealing the record" means, which usually means with regard to uninvolved third parties.

    I will say this much - a corrupt guardian ad litem tried to keep the "status quo" by pulling the same shennigans - claiming moving the child would provide too much stress, therapy is needed, etc. and there were never any real solid benchmarks and solid dates. Ironically, all this began with a closed door meeting of the adversary's attorney with the judge -- meetings where only one side is present is called "ex parte" and means "by/for one party."

    What did your lawyer say? I always pause before taking alternate routes so let us know. Ask about obtaining the record about what was said. What you are saying seems incredible and, unless the judge was really out to lunch, there might be some facts that you are reporting which aren't 100% accurate. Let's start with fact finding. And don't worry... be cool and calm since that's what this nonsense is designed to interrupt -- your sanity. All will be fine in a little time.

    Quote Originally Posted by belairsun View Post
    I had a tentative decision last week from the judge in my custody case that my daughter was coming to live w/me. She's been failing school & was kicked out of a Private Christian School for her grades. My ex essentially had no way out - he's hadn't done anything to help my daughter and the school counselor came to testify to that. The judge told his counsel to tell him it would be better if he agreed and everyone work together with the move. He wouldn't budge. The judge said he was entitled to "due process" so we came back this week for a trial. Before the trial started, Minors Counsel requested to talk to the judge in chambers alone. (BIG mistake) Everyone agreed. After 45 min. the judge came out, cleared the courtroom, and proceeded to tell us that my daughter had severe emotional issues that needed to be dealt with immediately before she was going to make any changes. She then sealed the records. ??? What the heck??? I still don't know what she was referring to, and I can't see the transcripts. Is that legal? I am my child's parent. If she has some type of emotional problem shouldn't I be entitled to know about it and who made minors counsel a mental health professional? The judge ordered my daughter to be in therapy a minimum of 2 times per week based on what minors counsel told her. My daughter has a therapist that she saw the day before all of this happened and she is amazed & baffled that minors counsel didn't even consult her to what was going on (minors counsel consulted her the week prior & told her she was recommending my daughter come live with me). What can I do? This court and the judge is like a good old boys club- they do whatever they want. Help!
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  3. #3

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    The judge stated in court that after her conference with minors counsel she was sealing the record from both parties and counsel and that she wanted both parties to agree that minors counsel can have permission to speak with the 730 evaluator for an updated evaluation. I was on the spot and so I agreed. I have since emailed my attorney & asked if I can withdraw my permission. Regarding what happened in court, my attorney says he's never seen anything like this before. He's tried contacting Minor's Counsel, but she refuses to return his calls. I am cool & calm, it's just that I've been dealing with things in this court for over two years like this, and I'm really tired of it. If my child has a problem, emotional or otherwise, I want to know about it. I also think that her therapist of two years should know about it. Any comments are truly appreciated.

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