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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118723
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was just surfing the net to see if anyone every

Customer Question

I was just surfing the net to see if anyone every encountered the situation as my son. He went to court today on a ticket for withholding visitation. The children alleged mother's boyfriend had hit them. There were some contusions on the children. They told their dad boyfriend hit with belt. The judge just shot my son down and wouldn't even let him get a word in. When my son became upset and frustrated threatened him putting him in jail for contemt. The mother on the other hand has played system multiple times and always granted bogus restraining orders. Bot***** *****ne he was give a year and half probation and $300 penalty. Why are father's treated differently and why can a just talk to someone with such disrespect
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Fathers are not generally treated the same because of gender bias with the judiciary when it comes to children. Courts also do not like it when people exercise self help. So when your son withheld visitation without contacting CPS for the bruising and without filing a motion for restraining order against the boyfriend, he put himself in a bad spot in the eyes of the court for exercising self help.
The other issue occurs when people represent themselves pro se, because these issues are very emotional, if they do not follow the rules of civil procedure and rules of evidence they get frustrated when the "judge will not listen to anything they have to say (we hear this frequently" and truly the case is that they failed to present themselves and their case in accordance with the rules of court.
So, your son needs to remember to not engage in self help and needs to file motions in court and when he appears, if he is not going to use an attorney, he needs to get a copy of and follow the court rules in presenting his case.