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Corrupt desicion

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bellechienne08

Junior Member
What is the name of your state (only U.S. law)? OH

My ex was just awarded sole custody of our two young children. Within the order there is corruption and lies. How do I have a magistrate investigated and how do i appeal?
we went to trial two months apart. The only part of the testimoniy that is utilized with in the new order is the testimony that my ex provided, it is has if none of my testomony was even heard nor taken into account. It states that my eldest child made no progress in school, even though he is a straight A student. It claims that I am homeless...I have never been nor do I plan to be homeless. It states that I have neglected my children's health, education and shelter...none of which is true. My children have been and will continue to be in school, they have all of their immunizations and see their pediatricain regularly, and I have had "shelter" since they moved with me during the divorce.
As I read the order, it sounded as if my ex had written it.
Is it possible that the magistrate is corrupt? This has nothing to do with not liking the desicion and everything to do with that fact that not all evidence was considered.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? OH

My ex was just awarded sole custody of our two young children.
How old are the children?

Within the order there is corruption and lies. How do I have a magistrate investigated and how do i appeal?
Corruption? Or things you disagree with? What you do is file an objection and attach the transcript of the hearing.

we went to trial two months apart. The only part of the testimoniy that is utilized with in the new order is the testimony that my ex provided, it is has if none of my testomony was even heard nor taken into account.
Prove it.

It states that my eldest child made no progress in school, even though he is a straight A student.
What evidence did you present in that regard? What evidence did your ex present?

It claims that I am homeless...I have never been nor do I plan to be homeless.
Are you on a lease? Do you own a house that you live in?

It states that I have neglected my children's health, education and shelter...none of which is true.
Do the children each have a place to sleep where you are now? How many days have the children missed of school? HOw many times have they been sick? Had ear infections? Other problems? How many times have they gone to the doctor?

My children have been and will continue to be in school, they have all of their immunizations and see their pediatricain regularly, and I have had "shelter" since they moved with me during the divorce.
Where did you move?

As I read the order, it sounded as if my ex had written it.
Is it possible that the magistrate is corrupt? This has nothing to do with not liking the desicion and everything to do with that fact that not all evidence was considered.What is the name of your state (only U.S. law)?
You need to file objections and get a copy of the transcript attached to said objections. Anything is possible but it is NOT probable. What evidence did you present? Did you have an attorney?
 

LdiJ

Senior Member
You need to file objections and get a copy of the transcript attached to said objections. Anything is possible but it is NOT probable. What evidence did you present? Did you have an attorney?
I agree that you need to object to the decision. Magistrates are capable of making mistakes even if they are not corrupt.

Obviously a statement that the child is making no progress in school, when the child is a straight A student is a mistake, at least. Therefore its quite possible that there are other mistakes as well.
 

Bloopy

Senior Member
As I read the order, it sounded as if my ex had written it.
I think this is exactly what happened

It sounds like the magistrate made the decision to award custody to your ex.

Your Ex’s lawyer, won the opportunity to write up the order. The Ex & lawyer wrote is as they wanted, asserting their “facts” as facts that the court found.

The magistrate signed off because the custody portion was accurate.

I don’t think the magistrate was corrupt. Just lazy.
 

sambo584

Member
I think this is exactly what happened

It sounds like the magistrate made the decision to award custody to your ex.

Your Ex’s lawyer, won the opportunity to write up the order. The Ex & lawyer wrote is as they wanted, asserting their “facts” as facts that the court found.

The magistrate signed off because the custody portion was accurate.

I don’t think the magistrate was corrupt. Just lazy.
i agree, in most jurisdictions the winning attorney writes the order( normally with instructions from the judge) and this attorney was a little more liberal than most.
 

Ronin

Member
I am not familiar with Ohio rules of civil procedure but some basic procedures are similar across the board.

The winning attorney generally prepares a draft of judgment for review by losing attorney prior to both going to court for judge to sign. If there are any unresolved issues on the wording of judgment it is the responsibility of losing attorney to be prepared to properly object at time of signing. In my case my attorney was prepared and corrections and crossouts were made on the decree in front of the judge.

Sounds like your attorney should have taken a more proactive and aggressive role prior to the judge signing off the decree. That is when all the objections with transcripts in hand should have been done.

Realistically, judges are not inclined to entertain any motions to modify an already signed judgment.

If necessary, it is the responsibility of the losing attorney to request findings of fact and conclusions of law from the judge. Again, the winning attorney may wind up preparing these findings for the judge. But this time the losing attorney has no input into this before it is signed and filed by the judge.

Judges have a heck of a lot of discretion (though not unlimited) to disregard any facts contrary to their judgment. A challenge to the sufficiency of the evidence is not an easy task, but nevertheless most states should require at least a preponderance of the evidence in family law cases.
 

Ronin

Member
Other than a need to toss in your two cents for no reason, is my response incorrect or a repeat of OG's response?
 

CourtClerk

Senior Member
Other than a need to toss in your two cents for no reason, is my response incorrect or a repeat of OG's response?
If it's a repeat of OG's response, there's no need to repeat it. Especially if you already saw it there.

With that being said, it's never a good idea to start off a sentence saying that you have no idea what you are talking about in a specific situation. If you have no direct RELEVANT, state specific information regarding a matter, then it's better to withhold your comments until you do. As we have all learned from OG, Ohio has some very wacked out rules that vary not only in Ohio, but within each COUNTY. So... let her answer the question if you don't know what you're talking about. Let's keep the information on this board as accurate as possible.
 

Ronin

Member
It is absurd to lash out and accuse someone of not knowing what they are talking about unless you can back that up. In other words, if anything I stated is inaccurate, then either correct the error or keep quiet.

What I did was qualify my response to the post. An open invitation for someone to correct any innacuracies. The law is not rocket science or a black box and reasonable assumptions can be made on some matters. It's done all the time by senior folks here, although some are still guilty of wagging their responses. I believe that everything I have said in my response on this post is correct, even in the context of the wacked out Ohio rules, as you call it.
 

Ronin

Member
Thats a pretty silly response. So your point is what, that this makes my statements incorrect?

As I stated, either prove anything I have said to be wrong or shutup.
 

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