What word in the English language could adequately
describe a circuit court judge, specifically a
children’s court judge, that
would exploit the natural instinct of a parent to protect his child from all
threats to his child’s safety, security and well-being to force that parent’s
compliance with an order that same parent deems legally suspect at best (and
most likely wholly in violation of the rights of said parent and child)?
What justification could that judge possibly
offer up to defend his threat to rip a child from her father’s home if he
refused to let cps agents in that home twice monthly; a home that was inspected
and deemed fine in every way by cps agents already; a child that was examined
by a licensed physician and given a clean bill of health without any sign of
abuse in any way; a child and home examined by a guardian ad litem designee
that certified that the best interests of that child are served by remaining in
that home with that parent?
Allow me to
give some background that may give more guidance in that search.
I had two children, two girls, one of which I have joint
legal custody and shared placement with her mother, to wit, the older of the
two.
I have not, as of this date, been
legally adjudicated the father of my younger daughter and I never married the
mother of my two daughters.
Per
Wisconsin State Statute (the state where my daughters, their mother and I
reside), mothers automatically have sole legal custody of any children born to
them while unmarried unless the court grants custody to another party [
WisStats 48.435]. As far as physical placement of my older daughter is concerned,
per court order, my daughter’s mother and I retained placement on a rotating
weekly basis and alternating holidays along with my daughter’s residency rotating
with the placement (i.e. neither parent was granted
primary placement under which the child’s residence remained
constant throughout the changing of periods of physical placement).
We agreed to the day and time of rotation as
Sundays @ 9:00 pm. We could not agree on a placement schedule for my younger
daughter so the plan was to go to family court for paternity adjudication and
disposition of custody, placement and child support (if any). Next I would like
to focus on my younger daughter.
Born on Friday, September 13, 2013, my younger daughter
and I had limited contact (due to her mother’s several irrational and immature
actions) and the last date of contact was September 30, 2013 at approximately
2:00 pm. Since the last contact, I
viewed my younger daughter on October 13, 27, and November 10, 2013 at
approximately 9:00 pm on each date (the dates and times I picked up my older
daughter from her mother’s home to commence her weeks of placement with me). My younger daughter was found unresponsive by
her mother on November 11, 2013 at 4:25 am.
Per Milwaukee County Medical Examiner’s (MCME) report, E911 received an
emergency call to report the circumstances at 4:31 am, EMS arrived at 4:37 am,
Milwaukee City Police arrived at 4:41 am and my daughter was pronounced dead at
6:12 am. At the time of arrival of EMS
personnel, it was concluded my younger daughter was dead approximately 4 hours
based on the onset of rigor mortis and body temperature. My daughter’s mother reported last seeing my
daughter alive at 10:30 pm on November 10, 2013 after bathing both my
daughters, turning my older daughter over to my custody at 9:00 pm, breast
feeding my younger daughter and laying her down to sleep. My daughters’ mother admitted to the MCME
that she consumed one 12 ounce alcoholic beverage on November 10, 2013 at
approximately 7:00 pm but that there was no history of alcohol abuse or illicit
drug abuse during the pregnancy. Of
course this case was referred to Wisconsin CPS subordinate agency Bureau of
Milwaukee Child Welfare (BMCW). Now
allow me to focus on the mother of my daughters.
Below I will list facts pertaining to the behavior and
mental health of the mother of my daughters (MOD). Disclaimer:
I didn’t begin to understand she had mental, psychological and emotional
deficiencies (real or imagined) of MOD until she was pregnant with my first
daughter. Wanting to do the right thing
I stayed with her and attempted to work things out. In the midst of “working things out,” she
became pregnant with my younger daughter.
During that pregnancy I finally came to my senses and realized that
“working things out” is an impossibility due to her mental, psychological and
emotional deficiencies (real or imagined).
Consider the following:
1.
March 13, 2010 MOD arrested by the Kenosha
Police on an outstanding warrant in Green Bay for soliciting donations without
a permit. This arrest arouse out of an
argument between her and me and me subsequently calling the police to have her
removed from my apartment. This was the
first time among many that she made an allegation of domestic violence that was
subsequently shown to be false.
2.
March 28, 2010 MOD and I found out that she is
pregnant with my older daughter.
3.
April 4, 2010 Went to MOD’s mother’s home for
Easter and discovered MOD was intoxicated.
4.
Several incidences, between conception and birth
of my older daughter, occurred between MOD and me including MOD accusing me of
infidelity, destruction of my property by MOD and me discovering evidence of
MOD smoking while pregnant.
5.
December 6, 2010 my older daughter was
born. MOD and I agreed that breast
feeding would be best and subsequently followed through with breastfeeding
including an agreement to a healthy lifestyle and diet on both our parts.
6.
January 17, 2011 MOD called the Kenosha Police
falsely alleging domestic abuse. Police
subsequently ascertained that there was not domestic abuse but that MOD “feared
for her safety” and took her and my daughter to a friend’s home. From this date until July 6, 2011 MOD and I
were apart.
7.
February 1, 2011 I moved to Georgia. I took a substitute teaching position with a
private Christian school.
8.
March 11 – 13, 2011 I visited with my daughter
while on spring break. During this visit
I was only able to have my daughter for periods of 3 hours or less due to my
daughter being breastfed and not acclimated to being bottle fed (whether
formula or breast milk).
9.
In several telephone conversations between MOD
and me from March to July of 2011 we discussed several topics pertaining to my
older daughter including her moving to Georgia with me due to MOD being unable
to parent her singly, us reconciling and both MOD and my older daughter moving
with me to Georgia and me moving back to Wisconsin in reconciliation so that we
both can parent my older daughter together.
10.
July 6, 2011 I moved back to Wisconsin for
purposes of reconciliation with MOD. I
took a position in the quality department with a local manufacturer.
11.
September 25, 2011 MOD called Brown Deer Police
alleging domestic abuse. MOD alleged I
choked her and punched her in the eye “a few days” prior but could not specify
a date to responding officers. It was
observed that MOD slurred her speech and her breath smelled of alcohol. It was further observed that there existed no
evidence to suggest any domestic violence occurred. In spite of the circumstances, again MOD
claimed “fear for her safety” and the officers took her and my older daughter
to “a safe place.”
12.
February 21, 2012 my daughter was removed from
MOD household and placed into a foster home per Wis Stats
48.13(10).
MOD called a crisis hotline the night before
making several alarming statements threatening to bring fatal harm upon my
daughter.
As a result of those
statements, MOD was transferred to the local mental institution under a Wis
Stats
Chapter 51 involuntary psychological hold.
When admitted, her BAC was .21, nearly 3
times the legal limit for intoxication for purposes of driving.
As of this date, I hadn’t seen or had contact
with my older daughter since MOD removed her from our home the September prior.
13.
April 19, 2012, nearly two months after being
remanded to foster care, was the first day I was able to visit (supervised of
course) with my daughter since her mother took off with her in September. During this visit and the visit the day
after, several things were observed/discovered:
a. My
older daughter was despondent and didn’t smile or laugh
b. She
had several cases of ring worm
c. Her
shoes and clothing were old and in need of replacement
d. Her
hair was broken off and quite unhealthy and disheveled
e. She
had been inoculated no less than six times against my protestations resulting
in two cysts on her upper thighs
14.
May 15, 2012 after much fighting, my daughter
was released from foster care to my physical custody but still remained under
the jurisdiction of the Children’s Court due to her mother’s non-completion of
all conditions of her visitation.
15.
August 17, 2012 MOD and I again reconcile after
observing what I thought was her being on track to completing the conditions of
visitation and intention to maintain services to keep her mental health stable.
16.
December 5, 2012 MOD and I are granted joint
custody and shared placement of my older daughter. Neither of us had “primary placement” which
would dictate a constant address while placement changed hands on a weekly
basis. As a result, my daughter’s
address changed in conjunction with the change of placement between MOD and
me. Soon after this decision, MOD goes
lax on medicine, therapy and church to maintain stable mental health.
17.
January 11, 2013 MOD and I learn that she is
pregnant with my younger daughter. Soon
after this I noticed marked changes in behavior of MOD tending toward past
behavior when her mental instabilities went untreated then.
18.
March 16, 2013 following the advice of MOD’s
father to send her to his home if she ever gets unbearable, I sent MOD by bus
to Green Bay to her father. I retained
physical custody of my child out of concern for her safety with her mother and
her untreated mental, psychological and emotional issues
19.
April 16, 2013 MOD went to Brown County Crisis
Center suffering from depression and having "suicidal ideations." 17 weeks pregnant, she admitted to the Crisis
Center intake worker that she did not feel a connection with the baby because
of alleged domestic violence (she implicated me as the perpetrator) and wanted
to get rid of the baby. She felt like
suicide was the only option for her as abortion is “against her religion.” She
admitted to smoking, starving herself, drinking several beers and taking one
shot of brandy daily in an attempt to miscarry the baby.
20.
April 19, 2013 MOD was discharged from the
Crisis Center and not referred to CPS on the condition that she would obtain
prenatal care, eat sufficiently to gain weight and maintain health, abstain
from alcohol abuse, take prescribed medication (prenatal pills and mood
stabilizer approved for use while pregnant), receive therapy for mental health
conditions and keep appointments with Crisis Center case worker assigned to her
case.
21.
April 20, 2013 I went to pick up MOD from Green
Bay and brought her back to Racine where I established residency the month
prior. I did this at the behest of
begging of MOD and on the conditions that she would seek help for her mental,
psychological and emotional issues, seek prenatal care and return to Green Bay
the following Friday. I was ignorant of
the events that occurred on April 16 through 19, 2013.
22.
April 26, 2013 May 3 and 10 2013 are dates that
MOD went missing to avoid me taking her back to Green Bay. After the third attempt to take her back (I
chose Fridays because my work schedule was Monday through Thursday second shift
and Fridays worked best), I gave up and allowed her to temporarily reside with
me and my older daughter and attempted to get MOD to receive necessary services
in Racine.
23.
June 15, 2013 MOD and I had a disagreement over
her taking our older daughter to her mother’s home for a week without me. MOD informed me some time before that one of
her brothers had been convicted of molesting her younger sister while they were
in MOD’s mother’s home and I was quite apprehensive about our daughter being
there without both her parents especially for an extended period of time. As a result I wouldn’t agree to my daughter
going to her maternal grandmother’s home at that time. This seriously angered MOD and for the next
week her mood and emotions were quite negative.
24.
June 22, 2013 MOD called the Racine Police to
report she feared for her safety without my knowledge. Responding officers transported MOD and our
older daughter to “a safe place.”
25.
July 8, 2013 MOD returned to my residence with
our older daughter indicating intentions of leaving the state and wanted to
leave our older daughter with me. I took
custody of my daughter and minutes later MOD expressed she wanted to speak with
me. I refused and she began a physical
altercation. I went into my home and
locked the door behind me. MOD called
the Racine Police to report assault and battery and kidnapping.
26.
July 11, 2013 Racine Police determined that
allegations of assault and battery and kidnapping were unsubstantiated and
without merit. I retained physical
custody of our older daughter since July 8, 2013 and did so under the suspicion
MOD was unstable, with untreated mental, psychological and emotional health
issues.
27.
July 19, 2013 I filed a motion to modify
custody, placement and child support due to MOD’s ongoing issues that interfere
with her adequately caring for our older daughter and leading her to take
actions that are contrary to the best interests of our older daughter.
28.
September 22, 2013 I agreed to allow contact
between my older daughter and MOD on the condition she submit to me letters of
certification from her psychiatrist and psychotherapist indicating she was
keeping appointments as scheduled and taking medication as prescribed. Also on this date we agreed to a shared
placement schedule with our younger daughter and to begin proceedings in family
court to establish legal custody and have our agreement codified into a court
order for our younger daughter.
29.
September 30, 2013 after spending the only
weekend with both of my daughters, MOD rescinded agreement to the placement
schedule and providing letters of certification and indicated she would no
longer allow me to see my younger daughter.
At this point I inquired about beginning a paternity action with Child
Support Enforcement and they indicated that unless I retained counsel and filed
a petition to establish paternity that I would otherwise not be able to start
an action, especially through their agency and would have to wait until MOD
began an action or the State began an action as an interested 3rd party. It was
at this point I decided to wait for MOD or the State to begin paternity
proceedings for my younger daughter and await our future court date for our
older daughter on November 19, 2013, to whom I would like to turn my attention.
As a result of my daughter being in foster care, she
exhibits an aversion to strangers and retreats into my protection until she is
sure the stranger is someone that I am OK with and is not trying to take her
away from me. She initially exhibited an
extreme fear of medical personnel immediately being released from foster care
that has only recently subsided. Despite
being very close to my mother who babysits her, when I must leave for work, she
becomes sad and I must promise her I will return to console her. At times I have had to receive calls from her
at work so as to reassure her of my eventual return. When I am at home with her, she insists on
following me wherever I go to ensure that we won’t be separated. It is in my opinion that if she were to be
separated from me, except to be with her mother or possibly being with my mother,
it would severely damage her emotionally and most likely irreversibly. Now we come to the judge.
On December 5, 2013 I appeared at an initial appearance
for a court case started by CPS alleging that my older daughter was a “Child In
Need of Protective Services” (referred to as a CHIPS case in Wisconsin.
In a nutshell, as a result of my younger
daughter’s passing, a referral was received by CPS to investigate the death as
a possible result of abuse or neglect.
Long story short, my older daughter was residing with me when all
relevant events took place; the DA filed a petition listing my older daughter’s
address as MOD’s address citing jurisdiction based on Wis Stats
48.13(10); all
actions were indicative of a threat of bringing emotional damage to my daughter
as defined in Wis Stats
48.02(1)(gm); in such a situation, a Child Abuse
Restraining Order (Wis Stats
813.122), which I must file, not the government,
would effectuate an order of no contact between MOD and my older daughter
protecting her from abuse as defined in Wis Stats
48.02(1)(gm) which by the way is
the one section of the definition of abuse that would NOT grant jurisdiction to
Children’s Court but grants jurisdiction to Family Court.
As a result of all this, I questioned the
court’s jurisdiction along with MOD.
I
informed my court appointed lawyer of all of this
On that same date after the hearing, the ongoing case
manager that was assigned to this case asked to set up a time to meet with me
and my older daughter in my home twice monthly on an ongoing basis. I requested that she reference the relevant
statute(s) and regulation(s) that give(s) CPS the authority to demand meetings
with me and my daughter in my home twice monthly on an ongoing basis before I
would agree to any meeting(s). Because
CPS could not produce any relevant law that gave them any authority to demand
what they demanded of me, they petitioned the judge to order me to let them
into my home, which they successfully accomplished through the deceitful and
lying assistant district attorney.
On December 18, 2013 I again appeared before the judge in
this CHIPS case and the judge asked my attorney why I was denying CPS agents
entry to my home and he replied “Honestly your honor, I don’t know.”
This began a barrage of berating by the black
robed bully on the bench in such a manner as to think that I was lower than a
common criminal of the aggravated felonious kind.
He would not allow me to explain why I held
my position and said that unless I obey his order to allow CPS in my home AT
LEAST twice monthly at reasonable times upon reasonable notice, he would place
my child into foster care under Wis Stat
48.19(1)(c).
He justified his unprofessional actions and
reprehensible threat disguised as an order by saying he is responsible for the
welfare of my child and since he can’t personally appear at my home to verify
her safety and well-being that he has appointed CPS agents to carry out that
function.
The arrogant, black-dress-wearing, faux-doctorates think
they are gods and that their words are law.
In fact, the JD assigned to this CHIPS case actually said to me in his fit
of foam-mouthed candid professional misconduct that his word is law!
After it has already been deemed to be in my
daughter’s best interests to remain at my home full time and have no contact
with her mother, the judge was willing to order her placed into the hands of
agents where children are orders of magnitude more at risk of being neglected,
abused and murdered than even at the hands of a parent accused of child abuse
(see
here for those heart-wrenching statistics), simply for questioning the
authority of the cowardly bureaucrats that didn’t have the slightest bit of
courage to come grab my daughter (or even come to my house uninvited), but who
instead went whining to Big Brother Government to use the full weight of the
thugocracy to force my compliance.
So again I ask, what word in the English language could
adequately describe a circuit court judge, specifically a children’s court
judge, that would exploit the natural instinct of a parent to protect his child
from all threats to his child’s safety, security and well-being to force that
parent’s compliance with an order that same parent deems legally suspect at
best (and most likely wholly in violation of the rights of said parent and
child)?
No one word could even begin to
approach an adequacy of description for such a judge.
Justice is the absolute antonym in no
uncertain terms.
I posit a conjunction
of two words to describe the actions of such a judge:
Cimpl Justice.