UPDATE: The Family Court Reformers are uniting to enlist the help of California Senator Doug LaMalfa. Instructions for writing your own letter and a sample letter follow. Please join us in this important endeavor, and email us if we can help you write or edit your letter.
Instructions for Writing to Senator LaMalfa:
Step 1: Begin with the basics: your name, the names and ages of your children, the name of your court, your street address, the number of years or the number of times your case has been in court.
Step 2: Briefly describe a few of the most shocking facts of your case: for example, “The mediator recommended 50/50 custody, even though the other parent had just been arrested for DV and drunk driving,” or “The Judge told us that our kids might commit suicide if we didn’t reach an agreement,” or “My mediator said she didn’t have time to review my file.”
Step 3: Your letter must end with a specific request. Some examples for Doug LaMalfa include:
- I would like to schedule a meeting with you at your local office to discuss the need for statewide family court reform.
- As a member of the joint legislative audit committee, I urge your support of an upcoming family court audit request by Assemblyman Cameron Smythe.
Step 4: Conclude your letter by thanking Senator LaMalfa.
SAMPLE LETTER TO SENATOR DOUG LAMALFA
April 10, 2011
Dear Senator LaMalfa,
I am a member of the Family Court Reformers of Nevada County. I am contacting you in your capacity as a member of the Joint Legislative Audit Committee (JLAC). As you may know, the Bureau of State Audits released an audit report in January 2011 regarding the inadequate credentials, supervision, training, and discipline of family court appointees in Sacramento and Marin Counties. I believe there are similar problems in the Nevada County Family Court System, and I’m requesting a meeting with you to discuss these issues. Specifically, Assemblyman Cameron Smythe is working with the Center for Judicial Excellence on another family court audit, and I would like to enlist your support. I would like to share a brief summary of my experience in the Nevada County Family Court to provide your office with important context for this upcoming audit request.
My name is Amy Smith, and I live at 111 Butler Street in Grass Valley, California. I am the mother of Trevor, age 7. Trevor’s father, Jack, and I have had an active family law case in Nevada County for over four years. The family court system is so broken and unable to provide closure to our case that Jack and I have been forced to return to court repeatedly. Just in the past year we have been to court roughly 15 times.
Almost all family court cases in Nevada County are sent to mediation before the judge will hear anything about the case. There is no consistency in which mediator is assigned to your case. It becomes very difficult to have any order or prior agreement upheld because the mediators keep changing and do not uphold the prior conditions of the court ordered parenting plan. Because there are so many referrals to mediation, the mediators usually rush through each case as fast as they can. Mediators do not take time to review the case they are working on or check criminal records, background, or other critical reports from CPS, probation, and drug testing agencies. This type of information is vital in my case for the safety and welfare of my child. A lot of things have been passed over or ignored altogether. The mediators seemed unconcerned about Jack having had two prior felony convictions. Jack was again charged in February 2011 with three more felony and 2 misdemeanor counts, including possession of ammunition with a prior felony conviction, possession of a deadly weapon, being under the influence of a controlled substance (methamphetamine), and possession of an injection device. In April of 2010 Jack was also charged with a DUI after he rolled his car.
In October of 2010, Jack was ordered to provide a copy of an anger management assessment at a drug treatment facility, and to attend two 12-step meetings each week. When we returned to mediation in December, this had not been completed, and again he was ordered to bring verification to our next court date. There is not any enforcement, consequence or even concern from the mediators or Judge that these requirements were not completed. When I asked why Jack was allowed to ignore the previous court orders, the mediator said that Jack couldn’t be held responsible because he didn’t have transportation to make it to the meetings. Jack does have transportation to his visitations, and his noncompliance should not be enabled by the court.
I have presented my concerns about Jack’s anger management problems to the court many times. His records are not difficult to obtain because they are kept in the same building. I have been told, however, that the mediators can’t take the other cases into account. There have been several instances of domestic violence, and I do have a restraining order. It took months to get Judge McManus, the Family Court Judge to make it permanent and not just temporary. I had another temporary restraining order against Jack’s wife for assaulting me in February of 2010, but Judge McManus dismissed it. Even after Jack’s wife violated the restraining order, Judge McManus told me to just stay away from her. Jack has also violated his restraining order. When I brought it to the court’s attention, the judge told me that I just need to learn to get along with him. There is almost no accountability and enforcement of orders when they are violated. Instead, Judge McManus told me that all the hostility between me and Jack was damaging our son. I felt like I was being blamed for Jack’s violation of the restraining order.
In domestic violence cases, parties are permitted to mediate separately. When I requested separate mediation, however, one mediator (Carmella Cellini, the interim director) was clearly aggravated with me because separate mediation takes longer. Once the mediators are upset with you, it’s hard to get anything you want in your case, and they will usually side with the other party. Some mediators use their power over families and children to pressure parents into making agreements. If a parent is not willing to sign an agreement, the mediators make a recommendation to the judge in favor of the other party, which is then almost always ordered. The judge has her own tactics for pressuring parents to make agreements. Judge McManus points to a photo of a young boy who committed suicide, and tells parents that the same thing might happen to their children if they do not come to an agreement.
The families and children of Nevada County deserve better treatment than what they have been receiving. I look forward to meeting with you in person. Thank you for your attention to this important matter.
Best Regards,
Amy Smith
(530) 559-0101
amysmith@yahoo.com
Of course the problem is the people are well meaning, thinking if they ask for corrective action, corrective action might occur. However, after ten years of reporting for http://www.Familylawcourts.com I can attest no such thing will occur. The system works fine. It’s geared to protect those employed in the system and the cronyism is such that often the worst are routinely rewarded.
My guess is not one spends any time considering the lasting effects upon the children. Consider for example the judge in the Charlie Sheen case. Does anyone seriously think Judge Goldberg acted in the best interest of the children when after announcing he suspected a crime had taken place? Why would he then throw the media out?
You got to push it-this essiental info that is!
I am in a horrible battle for my 3 year old son. The social worker involved has construed lies against me and she is trying to adopt my son against my will. I need serious help. I have done my service plan to the letter and I pray that my son is reunited with me. A loving mother with a safe home. What is the matter with cps in this county.
I too have experienced the horrible mediation process in Nevada County. Everytime I go to mediation I have less faith in the system. It is obvious that the mediators just want to push your case through and they do not care about the welfare of the child. They use scare tactics to make you sign an agreement even when you don’t want to. They side with whatever parent is willing to listen to them. They only mediator that ever helped me or listened to me was Emily. My child was put into dangerous situations time and time again with the mediators basically blaming me for everything. I even had Judge McManus tell me in a full court room that she guaranteed that my child would be high school drop out and drug addict if I didn’t learn to get along with his abusive, meth addict biological father who had not seen him in over 4 years. What kind of family court Judge would guarantee a child to fail? All I was asking for was supervised visitation so that my 7 year old would be safe. There needs to be reform in the court system before more children are hurt and put into dangerous situations.
I cant tell you my name, due to the consequences nevada county court can and will impose. nev co court has kidnapped three of my grandchildren I havnt seen my oldest in 7 years [seven years] mediators told the mother not to move from nev co not to change his name and many other rules that were ignored by her she married a cop and when he arrives to court in uniform guess whos lies they accept….this is a very deep case that includes a whole array of players I look at it as a wheel with many spokes, each of the spokes is a pay check for those involved from judges to cps workers ,,,I can count several dozen participants this particular case involved a cps worker who had another worker write a letter to the court with lies, I exposed what had happened and reminded cps of this letter [ which I still have ] the poor lady committed suicide, I can provide the names of all concerned, the horrible truth is there is no check and balance for these kids who have been torn from their parents and given to strangers some who have been proven to be sex offenders and pedophiles. Shame on the courts, Im sure they can find out who I am, Im very angry at this system that has allowed our children to be institutionalized at the hands of the hateful officials, who do despicable acts against the children, who can stand up to them without being horrified that their children will be taken away. If a family has a problem instead of separating them, how about keeping the families together in a structured environment, the alternative is therapy for the rest of their lives because of the trauma they were put through at the hands of the court. Another spoke in the wheel, more to come if you want,
Useful message, I seriously count on updates of your stuff.