Is the System Broke?
Categories: Bay Area News
Written By: Mayor Concord California
I figure most of my readers have families. Families that we actually care about. I was contacted by a reader who will remain anonymous about a situation he is dealing with that leaves me wondering about our courts. He asked that I post his story up to see if there are any similar cases in the area or advice from readers. Is the legal system failing when it comes to our children or am I off my rocker?
Well I’m almost to the point of throwing in the towel. Here it is…my wife got arrested for brandishing and threatening a 9″ pair of scissors at us (myself, 17 year old daughter, 21 year old daughter, 5 year old daughter wasn’t involved with the threatening of the scissors except for the fact that she witnessed it) in January. She was put in jail and now is out on bail. Went to a hearing with Judge Hiramoto in Martinez and the Judge plucked my 5 year old from my house and gave her to my wife soon to be ex. Police report says that my wife was clearly under the influence of alcohol. She also doesn’t have a place to stay meaning homeless. My daughter is now out of her school (kindergarten) my wife lives out of County I’m told with her sisters. Can you believe this? Social Worker came by and interviewed us and in his report he states that my wife is unstable and violent.
Tomorrow I go see the mediator. I’m still in shock. The Judge not only gave my wife temp. custody, but also denied me any visitation until after the April 7th Court Date.
So I guess it is ok to threaten children and husband with a pair of scissors because the Courts will reward you your child while they punish the father by plucking the little girl out of the house and away from school, the only house she has ever known, her schoolmates, her neighborhood friends and her siblings.
Unreal isn’t it?
If these are the facts then I am lost. Is there a mandate from courts that requires children to be placed in the custody of the mom? I mean…she was arrested and a social worker say’s she’s ‘unstable and violent’ then the judge gave her a child to take care of. I must be missing something.
Thanks for sending over your story. Any comments are welcome.
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March 15th, 2009 at 8:26 pm
I wouldn’t say it’s broke. I would say that the direction the courts take is wrong in matter like this. Its not so much a matter of the facts as it is the policies that are put in front of the judges. It’s almost as if judges do not have the power they used to. They need to give ruling based on directives by a higher court and in most cases it has been seen that a child should be with their mom. A regular judge doesn’t want to cause a shit storm by going against the grain. Its a sad but true reality.
March 16th, 2009 at 8:55 am
Sounds like there is more to this than what was provided. I can’t see how any judge would give the rights back to a parent that has been arrested and deemed violent. Maybe I’m living in a fantasy world too but it just doesn’t seem logical.
March 16th, 2009 at 9:46 am
I’d call the ACLU for starts. There are civil rights groups out there than work with husbands and fathers for these types of situations. Judges will rule anyway they want until a civil rights attorney gets involved.
March 19th, 2009 at 3:56 am
The “legal system” isn’t always the “right system”. Cops, Judges,mediators,
social workers, ect. , don’t always c things from all sides of a situation. Perhaps they’re overwelmed— maybe they just don’t care enough about your own case— maybe they think your wife is a hottie & have their motives a bit askew–who knows really. Point is, have a plan “B” if legal doesn’t work out 4 ya. Always think outside the box, or cage as it may . Best of luck
March 24th, 2009 at 3:58 pm
The system is completely broken. My good friend (female) has been going thru a horrible divorce for the last 3-4 years. The husband has been able to withhold child support and alimony with no reprecussions; harrass her to no end; had his new girlfriend get a restraining order against her and then try to prosecute her for breaking the order (she didn’t and was found not guilty — the only thing that has gone her way so far); gotten a temporary order and taken the kids away due to her smoking pot and made her do rehab and drug testing, even tho the husband uses drugs (Cocaine) and his girlfriend is a wino addicted to prescription drugs. It’s pretty sad, but don’t think the WOMAN gets the better deal. I think the system is screwed up across the board and def. needs some changes to make things fair for the children. Keep fighting the good fight; you will win eventually and KARMA will get her.