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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I have a question regarding FRAUD ON THE COURT in the state

Customer Question

I have a question regarding FRAUD ON THE COURT in the state of Virginia
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
My question is in regards ***** ***** Code Section 8.01-428(D) in regards ***** ***** Civil Order that was entered into the J&D Court in the State of Virginia. It is extremely complex in nature so not sure where to begin. First, note the Order defies the declaratory decree of the Judge that the Order be "mutually agreed upon," by the parties and one party objected to the Order but it was entered anyway without regard for the rule of the Court or additional rights of the objecting party, specifically that the custodial parent retained the exclusive right to have the final say in regards ***** ***** matters pertaining to the child if the parties disagreed after consultation. In addition, the Order purposely falsely represents the true and correct proceedings which took place as well as intentionally omits and/or misrepresents material facts for the sole purpose of losing the true and correct nature of the proceedings on the court as the presiding Judge was retiring and opposing counsel who drafted the order knew this. The Order of the Court and the Custodial Right was reasonably relied upon by the custodial parent; and counsel for the opposing party, being a trusted member of the court was also reasonably relied upon to adhere to ethical standards, which did not occur. Extensive damage resulted in the rule of the court which disregarded the Social Service recommendation that Supervised Visits continue between the child and the non-custodial parent who placed the parties minor child at risk pursuant to VA Code Section 63.2-100; however upon lifting of said supervised visits, the custodial parent was physically attacked at the first child exchange the parties were alone with the child, requiring the custodial parent to seek a Protective Order. The Protective Order was in place when the Order was entered as well, and the custodial parent whom had the Protective Order objected to the Order but it was entered despite the objection, protective order, and exclusive custodial right. The Order itself, again, omits the fact that Supervised Visitation was lifted by the Court and/or other factors such as stating that certain requests by the non-custodial parent were "denied" when in fact the specific request was "removed" as a result of the circumstances; as well as the custodial parent was awarded the modification; however, the Judge ruled that Opposing Counsel draft the Order. The Order was drafted in a manner that portrays the custodial parent whom did not put the child at risk as the party who is a 'negative' context. The non-custodial parent has utilized this deception and/or Fraud on the Court to commence further legal action against the custodial parent for small and/or minor infractions of the Order as it suits. There are other aspects that I cannot mention here for privacy purposes; however, in summary the Judge also after a pende lite Order and two days set for trial, rendered a decision after ruling that no testimony would be heard in the case from either party. The custodial parent does not understand how or why the court would allow such an Order to be entered and is seeking assistance under VA Code Section 8.01-428(D) and/or other remedy to ensure that the true and correct facts are represented; as well as to protect the exclusive right retained for 8 years now. Help!
Expert:  Maverick replied 1 year ago.

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ANSWER:

Yes § 8.01-428 can be used to relieve you from an order that was obtained by perpetrating a fraud upon the court; but it seems to me that you have a bigger problem than that. There appears to be judicial misconduct and bias at play and it may have to do with his relationship with the lawyers involved or his personal political slant on things. I would suggest that you go forward with this motion so that it buys you time to learn how to file an appeal if it fails.

http://www.courts.state.va.us/courts/cav/cavinfo.pdf

No sure if this helps so just write me back with your other questions....

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