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