A certain probate judge that seems to have a reputation against woman, I basically lost 75% of my time with my children after cutting ties with my ex after 8 years of a abusive/controlling relationship. He is enabling my ex to continue to control me with my children in the middle. I went from being primary caretaker to every other weekend. I am being treated like a criminal or someone with serious addiction problems, i have no criminal record, no history of drugs or no DCF issues ever in my life. No reason thats sufficient enough to only see my children every other weekend however whatever my ex asks for he gets handed to him on a golden platter by the judge. Everyone who knows my situation says its bias/prejudice and this judge is not looking for the best interest in my children.Also "googling" his name shows he shows favoritism to "well known attorneys". This judge sits there and twiddles his thumbs, pays no attention to major factors or black and white proof in cases. Its sickening that he can rule on innocent lives of children without taking everything into consideration. One proof I have is that he said he does not do every weekend with one parent due to both parents have rights to see children on the weekend. However for almost a year my ex had my children every weekend which shows clear bias against myself.I need some pointers in what i can do because my poor little boys are being raised without their mother that they have had since they were born and now a father that dumps them off to any family member that will watch them when Im sitting here begging and pleading to see them more then 4 days a month.
Are you represented by an attorney.
It does not matter what everyone says. It matters what is presented to the Court.
If you believe there is a bias, then you can seek the judge's recusal, something that must me done thoughtfully and with more than mere guessing. Other options are also available.
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Did you appeal the judge's decision? If the decision was wrong on the facts and the law, you will get better results through an appeal than filing a complaint. A complaint potentially gets the judge sanctioned but doesn't change his decision in your case. If there are errors of law or the judge's decision is not based on substantial evidence in the record, an appellate court can reverse it and send you back for a new trial. Then if you convince the appellate court of the judge's bias or prejudice, they can remand the case to a different judge.
If you did not have a lawyer, you should definitely get one for the appeal. If you did have a lawyer talk to him/her about your options.
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It is a rare event for a judge to be removed from hearing a particular case. Your options are to file a motion to recuse or complain to the Commission on Judicial Conduct ("CJC"). The CJC is the state agency responsible for investigating complaints of judicial misconduct against state court judges and for recommending, when necessary, discipline of judges to the Supreme Judicial Court. All fifty states and the District of Columbia have judicial conduct agencies to investigate allegations of judicial misconduct and disability that prevent judges from properly performing their judicial duties.
All procedures relating to the filing of a complaint, its investigation and resolution can be found in General Laws c. 211C and in the Commission Rules. If you have any questions about the Commission, you can read its Annual Report, which includes the Code of Judicial Conduct, the set of rules that governs the conduct of judges. If you wish to file a complaint, you may download a complaint form, fill it out, and send it back to the Commission. For more information, go to http://www.mass.gov/cjc.
Gary S. Sinclair is an attorney licensed to practice in Massachusetts. All answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.
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