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Real Stories
It may be one of your neighbors or friends ... or you.
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First Name:
Mark
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Date Entered:
28-Aug-04
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State
ca
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Court or Office:
Josanna Berkow Commissioner Family Law Contra Costa Cou
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Shortly after my ex wife moved about sixty miles away she began blocking my visitation with my two sons the local authorities would do nothing because our court order was six years old. I took her to court , and after another full custody evaluation , the court re affirmed my visitation rights, this process took about six months, during which it took a major effort and a lot of unconditional love and understanding to undo the brainwashing that my children had been subjected to from their mother and the brow beating that destroyed the self esteem of my thirteen year old. This was a slow process and was achieved solely by example of that is to say my partner and I did not discuss the case with the boys we just showed them the love that children should get from normal parents. My partner did not take on the role of step mother neccessarily but treated my children with respect and kindness and I bit my tongue every time I saw the results of the damage being done to my children and just spent quality time with my sons.
Then my ex conspired with the special master assigned to our case , who proceeded to write recomendations to the court that would become the order of the court if left uncontested, recomendations that would effectively give my ex free lisence to interfere once again and would require that I spend every weekend of my visitation during baseball season in their mothers new home town, driving back and fourth on Fiday Saturday and Sunday, all told about 590 miles, or forgo the visitations. The commissioner told my ex in October she would not do that as it would not be fair.
I challenged the recomendation citing what the commissioner had said and submitted rock solid proof of collaboration and exe parte contact as well as perjury and other mis conducts on behalf of the special master and my ex. At the hearing the commisioner said . " I have read the recomendation and the objection the special master has far more credibility than you do ( Me) and I am denying the motion ". That was it a whole year of studying law and litigating my case for six months to get a court order and in two minutes the same comissioner who had given me my visitation rights back , contradicted her self and has allowed the recomendation to become the order of the court, contrary to the custody evaluators recomendation and her own ruling and in total disregard for the evidence and my rights. The comissioner . my ex wifes attorney and the special master all sit on an advisory commitee together . the special master and the expert witness cpa assigned to our child support litigation are umpires together in the same little league organization, the special master and my ex wifes attorney went to the same college at the same time together and the special master was a court facilitator in our mediation sven yerars ago which is a conflict of interest and not permited to be a special master because of that prior involvement. I am so stunned that I just can not believe that I live in america and that this as I have discovered is commonplace business as usual in Family Court. The family court who says it serves the best interests of the children and also says that frequent and meaningful contact with the non custodial parent has just decreed by accepting the recomendation of the special master that out of 178 hours of visitation I have with my sons only four hours a month for six months of the year will not be spent watching them play ball through a chain link fence, with either their mother or stepfather there, or driving them back and fourth between my house and the ball park in their new home town, the rest of the time they will be sleeping or eating and they need some time by them selves after a 7 hour road trip with dad three days in a row. How this serves the best interests of my children and demonstrates the missionstatement of the court is a mytery to me, perhaps somebody can explain it to me. The commissioners ruling is wrong but redress takes about 180 days and stands little chance of success for me as I am a pro per respondent. I took my ex to court to try and get my kids away from an abusive step father and a narcissistic mother, both alcoholics and the stepfather already estranged from his own son because of his abuse and who was ordered supervised visitation by the same commissioner, but opted to lose his relationship with his son instead. My ex is extremely wealthy from a multi million dollar inheritance and I have exhausted all of my resources, I am now flat broke and due to all the litigation and court appearances I have lost four jobs , I am exhausterd mentaly and physically and can not fight anymore if this is what the commissioner feels is justice then, may God help us all.
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