Legal Question in Family Law in California

I live in Northern California, Central area. I have been round and round with the judges and the mediators, and recently my child said he knew the mediators husband. So I went to his work, (a dept. of justice job) and asked him on his lunch why my child knows him from a photo? He claimed he did not know. I revealed no names to him, my or my sons, i only showed him a photo. The following week, i was approached by the sheriff in the courthouse. He demanded I tell him why I "went to see" that man. I responded "What makes him think that it was me who went to see him.? " Now remember I didnt tell him my or my sons name. When I asked how he can say it was me, he responded with a question, "Well how do you know him?" Then I was told that I am "not allowed to go to the parole office". I asked if he "Have you got a Restraining Order signed by the judge for service on me? Or some sort of summons ?? " He said "No" so I said "Well are you detaining me or am i under arrest?" When he said "No" I then told him "This has to be a Mutual Consent encounter then! And I am NOT mutually consenting!" When I walked away, He began to say some other things about where I am "not allowed to go". Then I got upset, I turned to him and said "Hey, check this out, You go on in to the back there to where that Mediator and her best friend the Judge is and tell them that the minute they stop sending that mediators COURT LIAISON HUSBAND TO HAVE SESSION MEETINGS WITH MY EX, AND MY KID, is the minute I will quit visiting her HUSBAND at his work! Until then.........etc....they can...etc...!" Then I got my forms and left! But i did stop by the security desk and ask them the sheriffs name and badge no.

When I did that, I went outside thinking the audacity is like WOW!!!!!

So I drove DIRECTLY to the Parole office and made a report against the officer (who i approached with a pic of my son,) with two of his supervisors, and included the fact that he sent me a letter roughly ten years ago. The letter was sent to me 1 3/4 years prior to the current cases initiation, and over 4 years after another judge expunged me from that conviction that he was sending me a letter about. The letter was for non-payment of a fine from the conviction where I only paid some of it. But I had received a letter from his office saying i was discharged 9 years before the letter he sent saying i was still on probation. However, it was 4 years before that when I was expunged by the court.

When I made the complaint, I told the supervisors he has either been running my name back then when he sent me the letter claiming I was on probation still. So he had to be:

1. Running my name for personal use likely for the purpose to share information with my ex, because i had not been in any mediation with his wife for 2-4 years before that. which leads any normal person to believe that likely it was not ran for any reason she asked and or was not ran for her.

Or

2. It could also be that he did it because he was looking through the face pics to see who i was, because he wanted to tell his wife about that visit to scare me or to threaten me silent but certainly it was for personal use, and obviously it was just to identify who i was. But he could not have felt threatened because he knew I did nothing but ask him why my kid knew him in a picture. Then tell him the process server would be in touch with him. So that is not in any way frightening and not reasonable to use the justice files to review.

Like i told his supervisor "I approached him where many criminals are, where he should be used to dealing with them, and im a: Petite an pretty, small framed girl who is smart, i am not very intimidating. So, either way, he should not be doing using the files for his personal use, and its not like i went to his house or anything, he works where he deals with criminals daily. Likely it is not that I am not any physical threat to him!!!"

3. Then there was the third possible reason, i said if he did not run my face recently then he did meet up with my ex and son in exparte to watch them interact for the court and he already did know who my kid is, and likely was sent by his wife that mediator or my ex, who is friends with his kids. (I based that conclusion on the sheriffs approaching me and telling me to keep away from his work, the parole / probation office!)

So if he did know me directly off, either he knew my kid, and or hes been running me for information re: me for my ex who is just an un-employed public citizen and not a dept. of justice employee who should not be allowed to access and or be provided my information without a warrant or a order from the court.

Its highly unlikely he was doing it for his wife since my case with her from way back was well buried by the time of the initial letter he sent prior to the current case.

He simply shouldn't have known who i was by sight nor my son from a 2 year old picture unless he met him face to face! (And Because I wore Large Gucci Sun glasses and Ball Cap)--I chose a picture that was two years old of my kid, because that was how long ago the meeting happened between my kid, my ex, and the parole guy husband of mediator. Whatever the reason was he certainly should not have been able to tell by looking at me who exactly i was......

Three days later I get a call from the Mediators supervisor / Pro per desk manager (kinda seems like a conflict of interest job title to me but its whatever) telling me that the papers I just filed can be served by the pro per desk, (it was a motion to vacate a dismissal due to non appearance due to incarceration for a couple *no charge filed against me by the dist. attorney*) and I still had not served the adverse party the motion to vacate the default judgement.

When I called her back she also said she removed the parole officers wife my mediator from my case due to mediator all the sudden telling them there was now a conflict of interest between both mediator and parole officers kids and my ex.

So you know, I didn't file anything with the court to get mediator off my case at that time, she was just removed and a new one appointed. She then asked me if I was planning on entering any new files based on the conflict of interest. When I said "YES! I am planning a motion to vacate the entire case due to failure of the mediator to disclose the conflict of interest and her misconduct in my case!"

(Did i mention i heard her husband is suspended now and that his bosses are now wanting me to fill out a written complaint on their form for formal complaints yet?)

Yes, shortly after the mediators boss called, I got a call from his supervisors, and they asked me to fill out the formal complaint form. so i think he is in a bit of trouble.

Ok, so in all of the shuffle the part i forgot to tell you is that the mediators supervisor is telling me to file a motion to list all of the bad things my ex did over the years, and all the dirt in it, and request my motion to vacate. At one time I had an attorney, and she went as far as to approach his paralegal to ask him to aid me in the filing of the motion and what she wanted in it. She claimed supposedly to him she was going to "talk to them and help me get it through" so here are my questions......

1. Is this some sort of set up, are they wanting me to file this motion with all of my ex's faulty stuff in it so they can say it is my final "accusation in attempt to alienate him from my life and sons life" in an attempt to keep my child from me all together?

or

2. Are they realizing that they really "messed up this time and need some damage control" to save their butts, and are willing to send me my child to keep quiet since she told my old attorney contact that they do NOT want my mediators name in the vacate motion at all!???

or

3. Are they just trying to get me to appear as though i am conspiring with a different court official so that they can claim i didn't disclose some information which mediators supervisor told me, if i fail to state in my pleading she told me to file this? Then get my son taken away from me forever??????

Call me crazy but, this whole thing screams conspiracy and group effort like the mob or organized crime faction employed by the state county or other in attempt to defraud me and remove my rights to parent my child and raise him, and be in continuing contact with him. I SMELL SOMETHING AND ITS SCARY AND ITS WRONG!!!! What do you think??? H-E-L-P????


Asked on 8/09/14, 3:08 am

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

To me some of this just does not make sense. Let's cut to the chase. Why did you go anywhere to confront the mediator's husband other than to make a scene? He has nothing to do with your case. File a motion on the conflict and move on. You go and file complaints about things that happen years ago supposedly with the same person.

Of course the mediator asked to be removed from the case. With all the drama of course. Mediators have a specific role. To help mediate the dispute between the two parties. If you don't mediate, it goes to the judge. There no no such thing as a motion to list all the bad things your ex has done. There is no motion to list the dirt as you put it.

If there is a hearing and the information is relevant and admissible then use it otherwise you a just adding drama and emotion where it does not belong. It sounds like you missed court dates for being incarcerated that you could have notified the court what was happening but did not.

Just based on what I read here you need an attorney and some other professional help. Stop doing this by yourself. The case already sounds like a disaster going worse.

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Answered on 8/10/14, 2:55 am


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