Can a new judge be assigned to a divorce case in Connecticut

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Can a new judge be assigned to a divorce case in Connecticut

Postby meg » Tue Mar 22, 2005 9:02 pm

My brother's divorce with his wife is finally underway. His wife is a social worker so you can imagine the kinds of complications that mean.....

My question is: Can a new Judge be assigned to a divorce case in Connecticut?

Here's the problem with the Judge. The Judge is a woman's rights advocate and she actually started a Woman's community center. My sister-in-law now is involved with the community center. So now as you can imagine my brother is getting steam rolled in court. He has excellent representation with his current lawyer but, the judge is biased.

Oh heck. The Judge is VERY biased.

This discussion board has really helped me out in the past. Because of the advice I've recieved in the past at this forum, I have been able to help my brother immensely.

I truly appreciate any advice in this matter,

Meg
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Postby Pete » Tue Mar 22, 2005 9:06 pm

If you mean to say she is biased based on the possible acquaintence of the two, only if you can prove the judge is not following the law. Remembr, judges have great latitude in matrimonial actions, however, if you can PROVE that she is not following the law, then you can appeal to the state bar, or state authority on the matter. I doubt that you would be successful in removing the judge from the case given the circumstances you indicate.

Bias is nothing new.
Don't worry about what you cannot control. Focus on what is legally relevant, not morally indignant or petty.
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Postby meg » Tue Mar 22, 2005 9:18 pm

Thanks Pete.

I actually thought that might be the case.

Thanks to this forum I read books, did research and I have lectured my brother tirelessly about what he can expect from the courts judge, and his stbx. I feel that it is unfortunate that he has worked so hard to get a reasonably fair day in court and now, the judge is awful. So unfair.

Honestly, its not that I don't like the judges rulings are illegal. Its that she clearly thinks every Father is an abuser and dead-beat Dad and her rulings reflect this thinking.

The bias is sickening.

Thank you for your speedy response.

Meg
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Postby sofia6102004 » Tue Mar 22, 2005 9:43 pm

I'm curious as to what the Judge ordered?
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Postby Pete » Tue Mar 22, 2005 10:21 pm

If you can prove that that the custody order ignored evidence that should be considered in the best interest of the child, you may have some type of grounds for appeal. Without more details as to the specifics of the case it is difficult to advise further
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Do men even have any civil liberties?

Postby meg » Tue Mar 22, 2005 10:49 pm

The case started on friday and will be continued tomorrow.

So far,

My brother has been ordered to pay child support.

He has been forbidden to consume any food in the house or use any cleaning products that he himself has not purchased.

He has been ordered to write a note or verbally give his wife status reports of their daughter each day.

A four month investigation by social workers to determine what situation will be best for their child.

Tomorrow they will decide if he needs to pay for her lawyer and give back $1300.00 that he withdrew from their house account to care for their daughter (and I'm sure some was spent on himself.) Long story- on this one so I tried to shorten it.

These decisions in and of themselves do not upset me. It is the barrage of criticism, and snappy remarks from the judge that worry me. Also, my sister-in-law is a social worker for the state. Her word is practically taken for fact.

The judge told him already that he is a dead-beat Dad and that he should go to work at McDonalds. Her other comments have made it clear that she does not like my brother.

My brother is not working it is true. However, he is taking care of their daughter full time just as he did from the day she was born. Before his wife requested a divorce they mutually agreed to this arrangement. For the past six to seven months he has paid for all expenses with his credit card because his wife controls most of the financial accounts. His stbx and her lawyer have tried EVERYTHING to get the daughter into day care.

Also, as soon as the stbx decided to get a divorce - my brother has had two restraining orders made. Both orders were not extended. My Brother cannot be in the house alone with his wife for fear she will call the police for any provocation. And if that doesn't say enough, I thought it was interesting that during the last restraining order hearing he was made an offer by the stbx and her lawyer. The offer was: If you agree to give up the house I'll give you access to your daughter. My brother's lawyer did a great job nixing that one.

My sister in law has told everyone in the community that he is an abuser and she is afraid of him.

Everyone believes her with absolutely no proof.

I am sickened at how men's civil liberties are ignored. I am saddened to see my niece be used a financial pawn and my brother suffer.

I have been reading this forum for some time and I know this story isn't nearly as bad as others. But it's MY family so of course it bothers me more. If my brother were the woman in this case I think the judge would see things differently.

Thanks for asking.

Meg
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Postby meg » Tue Mar 22, 2005 10:55 pm

I forgot.

We feel that my stbx sister-in-law may know the judge. We feel that the judge may not be impartial to the case.

the case has just begun. No custody has been decided formally but, My Brother cares for their daughter during the day and his wife cares for their daughter overnights.

I was hoping that maybe a new judge could be assigned to the case if I researched it early enough.....

Meg
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Postby Lawmoe » Wed Mar 23, 2005 12:02 am

In most states there are specific rules to the removal of Judges. In most states, any Judge may be removed beforehe/she first hears a case. However, once a hearinhg has been held, the Judge can only be removeed if the moving party can demonstrate a conflict of interest of clear bias. Clear bias is not demonstrated by unfavorable rulings. Instead, there must be some clear language that shows a personal bias against the particular party.
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Postby meg » Wed Mar 23, 2005 12:35 am

Thanks Lawmoe,

I was kind of hoping you would respond. I will definately pass that info along to my brother before he goes into court tomorrow morning. It may not be of use since the case has started, but its a great FYI - the things the Judge says to him seem a bit combative...

You couldn't possibly remember every single person you respond to but - the posting on this website have helped my family immensely.

Its a a bit funny, back in October when I first started reading and posting to this forum I learned quite a bit. I passed on info to my family - particularly "the List". I requested that all our family members read it over. Nobody in my family at that time thought the divorce would be as bad as it has been. But we were all wrong.

If this forum weren't here I would never have known how to help.

Thanks again.

Meg
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Postby sofia6102004 » Wed Mar 23, 2005 12:20 pm

Meg, is your brother requesting custody since he has been the main one to take care of the child? And she ordered him to pay child support and he doesn't work? I hope it wasn't too much..

I'm sorry that your brother is going threw this having the best atty doesn't mean anything when you have a bad Judge. what exactly is his stbx asking for? And what exactly is he asking for?
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