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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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CA Family Law. involved in 6-year litigation with diagnosed

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CA Family Law. involved in 6-year litigation with diagnosed histrionic ex-wife and collaborating Minor Counsel. Together they refused to give effect to a court Ruling for Vaccinations that gave me authority to immunize our two minor children for Tdap (Pertussis/tetanus/diptheria). The mother refused Pertussis so neither doctor would administer it even when I showed doctors the Ruling -- and minor counsel told the Physicians the ruling was invalid (originally a mistake), but later dliberately refused to inform Doctors the ruling was valid after proof was presented (transcript of hearing) to Minor Counsel.

Then after 18 months of attempts at vaccination, I FINALLY got Tdap outside doctors' office; ex-wife filed another legal custody action claiming I waited until last minute and abused my authority. Minor counsel supported that position by opining that my actions were irrational because rushed "at the last minute", making no mention of her obstruction and even refusal to uphold the Court's ruling. In its preliminary Statement of Decision, the Court agreed with minor counsel's opinion. This has happened before: (a) I'm 'blindsided' at Court, and have no chance at hearing to go 'behind the scenes' to present evidence; (b) Minor Counsel presents her recomendation without any hint of her and ex-wife's active sabotage of the Court's vaccination ruling. The Court at the Occtober 15 hearing confirmed my authority and is unaware that that its authority has been continually challenged because neither ex-wife's attorney nr Minor Counsel made any mention of what. The Court's preliminary opinion is that it agrees that my judgment was rushed and, in the words of Minor Counsel, "I'm afraid of what he might do with legal custody."

In addition, my attorney in the midst of this and went on vacation and I had to file the Objection to proposed Statement of Decision myself. So, now I'm hoping to get information in and help the Court be aware of the bias of Minor Counsel in future years by filing a Contempt of Court acation.

Any suggestions as to what evidence is most important or how to proceed next?

I'm filing OSC for Contempt of Court against both ex-wife and minor counsel in an effort to inform the court of minor counsel's bias in the hope that it will bear on the Statement of Opinion which is soon to be finalized -- as well as be known at future hearings. I have emails showing requests to minor counsel (and ex-wife and her attorney) proving my authority by specific language of the Court, , email from Minor Counsel that, if provided the transcript, she would so inform the Doctors, and she would not. She also obtained a declaration herself from one of the Doctors that the Doctor would not administer Pertussis at her office (which she wouldn't; she was legally frightened an visibly shaken by ex-wife's "presentation").

Ideas and advice welcome. Thanks very much
Submitted: 2 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER :

Hello!

LADY LAWYER :

So you had a court ruling saying the children could be vaccinated and then when you got it done the court contradicted its earlier ruling?

LADY LAWYER :

Is the same judge making the rulings here?

Customer:

I got a court ruling Jan 22 2010. She then hired attorney #5. Having had no interest in kids' medical care since Fall 2008 and wanting to avoid going to son's doctor (supposed site of "violence" forming basis of DVRO action which I had to fight and won), made appt. with new doctor. Canceled upon her objection. Minor counsel bias (too many details to recount) led to award of legal medical custody to the Mom in Apr 2010.

Customer:

At the end of the hearing, I speciifically asked the Court if the immunization Ruling was still in effect, and she unequvicoallly said 'yes'. I am apparently the only one who 'remembers' hearing that..

Customer:

Mom refuses to allow Pertussis shots by kids' doctors, minor counsel says Ruling not valid in view of April order. After a series of jumping thru hoops over months, I got minor counsel to agree to inform the Doctors I had authority if I obtained the transcripts (they are VERY difficult to obtain from our court reporter and take a long time). She said 'yes' in an email.

LADY LAWYER :

That should be reflected in the record.

LADY LAWYER :

You should be able to get a copy of the transcript from the court.

Customer:

Obtained copy of transcript, provided to minor counsel

Customer:

still would not inform doctors of my authority.

LADY LAWYER :

And to the judge?

Customer:

No transcript to the judge; not necessary because her proposed Statement oF Decisision specifically acknowledges my authority.

LADY LAWYER :

Proposed does not mean ruled on yet.

LADY LAWYER :

What I am trying to get at is that the judge ordered something and now apparently does not remember it and is making decisions that contradict the record and what you were specifically allowed to do.

Customer:

I know. I filed an objection which is pending, along with declaration of doctor who confirmed 12 canceled appointments and her refusal to give Pertussis and that minor counsel said I had no authority to make vaccination decision.

LADY LAWYER :

This can and will be a problem for you moving forward.

LADY LAWYER :

Okay, that is good. I think I would be filing for sanctions against MC and contempt against mother.

Customer:

The judge DOES remember. She has no idea minor counsel and the mom sabotaged the order on purpose for 18 months. And then I finally got the shots "rushed" and using "poor judgment"

LADY LAWYER :

Okay, very good, that is the part I was missing.

LADY LAWYER :

So you are filing the contempt motions to alert her to this.

Customer:

sorry, someone at door... justt a sec

LADY LAWYER :

No problem

Customer:

partially, and also to inform the judge that the mom lies. She's a master of false allegation, starting with that I was a wannabe molester of the teen boys I mentored and played paintball with. That took 8 Declarations from parents and supposed 'molestees' to oppose

LADY LAWYER :

Yes, those histronic personalities are always such a joy to deal with.

Customer:

lol We had a full psych eval for the family. She's histrionic/likes attention/sees no need for change, so this will go on and on. I can't stop it

LADY LAWYER :

And she has the MC wrapped around her little finger, huh?

Customer:

the judge doesn't recognize it at all, and probably hasn't read the psych eval because we had a negotiated physical custody settlement.

Customer:

you got it. mc totally wrapped. Thus filing against her as well. I'm also planning to file complaints with Chief Trial Counsel of the State Bar against her and the mom's attorney. This is wrong. Someone has to stand up to these people. (I have a law degree, but never practice -- can't figure out how to be ethical and lawyer at same time lol)

Customer:

Anyway, back to original question:

LADY LAWYER :

I would include that in the exhibits attached to the motion for contempt.

Customer:

You bring up a good point: The judge is sick of our case. I am not the Golden Boy of the court; the Mom is the star....

Customer:

I quoted all the emails' relevant portions in a 7-page Affidavit to FL-410/FL-412. I'm afraid to attach exhibits....

Customer:

because I'm afraid it will p*** off the judge.... so..

LADY LAWYER :

Exhibits are going to better than your own affidavit though.

Customer:

is it OK to indicate that the full emails will be available as Exhibits at the Hearing? All parties already have access to them (except the court)

Customer:

oops, i think you just answered my question...timedelay

LADY LAWYER :

The judge doesn't want to read what you think, she wants to see the actual documents that show her the proof.

Customer:

OK. good point. Thanks. Any other words of wisdom? Good tranquilizer recommendations ;-0

LADY LAWYER :

Haha. Really feel for you on this one. Have a nascissistic father so I know what it is like.

Customer:

it's going to be scary going into a hearing being tthe most hated person in there....

Customer:

oh no, narcissitic father has to be the WORDS

Customer:

WORST

LADY LAWYER :

Do consider a motion for sanctions against MC or at least telling her you are considering it.

LADY LAWYER :

Yes, pretty bad.

LADY LAWYER :

Objection you did sounds really good.

LADY LAWYER :

Basically attacking her credibility is what is going to need to be done here.

Customer:

hmm. I've never even gotten a dime in attorney fees, though: have paid $23,000 of her and $90,000 of mine. you think I have a chance with sanctions?

LADY LAWYER :

So she says one thing in the court; you show the judge that is not what happened and that she cannot be trusted based on her personality disorder.

LADY LAWYER :

The idea of sanctions against the MC may be worse than the actual filing of it.

Customer:

ty re objection. we'll see what the judge thinks. I'd sure like to get my kids medical care. she tortures them by withholding it unless emergency.

LADY LAWYER :

It attacks her personally--says she is operating outside the boundaries of the law and perhaps with malice. No one wants that on their professional record.

Customer:

can i bring up and quote the psych eval? the mom had it sealed and I don't think the judge read it. I'd bet my entire negative net worth on it.

LADY LAWYER :

Yes, you can.

Customer:

so would sanctions be a request as part of the Contempt proeeding? or is that a separate action? There's no place I saw on FL410 to ask for sanctions.

LADY LAWYER :

If she objects, the judge will have to make a ruling, but until then, if you have it available, it is relevant.

LADY LAWYER :

It is a separate action.

Customer:

hmm. do you recomlmend bringing both actions simultaneously or wait to see how the Contempt action goes first?

LADY LAWYER :

I would wait and see about the contempt action. But I would mention seeking sanctions to the MC against her if this keeps up.

LADY LAWYER :

Your attorney definitely needs to get busy attacking the credibility of the mother here.

Customer:

ok will do. I think that's it for now. In the future, since you know my story, is there a way I can contact you directly?

LADY LAWYER :

Once the judge realizes she cannot believe her, you are going to be in a much better position.

LADY LAWYER :

Of course!

Customer:

my attorney, oddly enough, stopped working on the case. Friday before thanksgiving he said he'd try to do the Objection ot Statement of Decision or have his associate do it. Tuesday

LADY LAWYER :

This is my personal link: http://www.justanswer.com/law/expert-ladylawyer/

LADY LAWYER :

That is odd.

Customer:

mornning I found out from the Associate that work for me had been frozen for an outstanding balance of $4k. I had the prior month had a retainer balance of $4k

LADY LAWYER :

Have you spoken to him again?

Customer:

and the invoice dated 11/15/2011 was the first invoice whre I was "in the hole"

LADY LAWYER :

Geez. Sure sounds like you have spent quite a bit already.

Customer:

no. not yet; haven't had time... deadlines, work and kids

LADY LAWYER :

Attorneys like that really annoy me.

Customer:

ya, $150K or so plus counseling, lost business. financially ruined but incredibly blessed with my kids 50/50 .... my daughter just got selected to go to LA to audition for Teen Jeopardy! and my son's a great soccer athlele.

LADY LAWYER :

Hey wow--that's awesome!

LADY LAWYER :

The kids are always worth the craziness.

Customer:

There are so few attorneys that have any integrity (no surprise that Washington works the way it does), and none gives a darn about 'best interest of the children' Plus they all seem to have gone to schools I never heard of (I went to UC Berekely/Boalt) and their false allegations and incrredibly horrible grammar trump well-reasoned arguments and ttons of supporting exhibits.

Customer:

yes. always worth it.

Customer:

So, is there a way to contact you directly in the future through justanswer since you know my story?

LADY LAWYER :

Well, you seem very well educated and I am sure you can navigate this just as good as any new attorney.

LADY LAWYER :

Yes, here is my link: http://www.justanswer.com/law/expert-ladylawyer/

LADY LAWYER :

You can use it to post a new question to me.

Customer:

do you have a name you're willing to share? Mine's Andrew. Any name will do; Andrew's my actual name.

LADY LAWYER :

Hi Andrew! Sure! My name isXXXXX

Customer:

'ladylawyer' sounds so odd to call someone

LADY LAWYER :

For real

LADY LAWYER :

Yes, it does.

Customer:

Thanks, XXXXX XXXXX Andrew Reames, CA state bar id 98452.

Customer:

I'm sure I'll be in touch. All the best and have a great holiday season!

Customer:

Do I click on 'accept' now to pay you? (My first time on justanswer)

LADY LAWYER :

I like to try to keep some anonymity on here because there are some nuts out there, as you know, but I don't mind giving my name to someone like yourself.

LADY LAWYER :

Hope you have a happy and blessed holiday season as well!

Customer:

why do you think I'm not a nut? haha

LADY LAWYER :

Yes, you can click the accept now. Thanks so much! Woman's intuition :)

Customer:

I think gold's going to $5,000. That makes me as crazy as I was 5 years ago when I said it would go to $2,000 roflmao

Customer:

oh, you mean 'gut reaction' ;-)

LADY LAWYER :

Yep, that too!

Customer:

by, Hope, and thanks. -Andrew

LADY LAWYER :

Thanks Andrew, it was a pleasure!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 3 other Family Law Specialists are ready to help you

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