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#1
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fraud on the courtWhat is the name of your state? Ca 3 children now 18, 15, 14 It's been 5 yrs since I have seen my children. Children went for Christmas at Dads and filed custody. I got that order vacated and two days after getting him back then my son was rushed to childrens hopital half dead. So in the mixed of being in the hospital with my children the courts pounced. I have a transcript that proves there was fraud on the court by two attorney's. One being the court appointed and the other being the Respondents. I was Pro Se. Custody was changed that day and I have now been denied any access to our children for now five years. The court appointed attorney is the one who lied the most and she knew she was. Both attorneys said there was an order keeping my children from being around or alone with my current husband. The order was not against him, it was against my ex-husbands girlfriend. The Judge sitting in was a pro tem that I did not agree to have him hear the case on record. The case was heard in front of a sitting Judge prior to that and didn't know wether or not he should proceed because of jurisdiction. We were not residents of California their dad was we lived in TN for six and half years. The orginal court order was out of California. So my question is what do I need to file to get the orders void? Is there anything else I can do to get help? I'm getting ready to file again and have been learning about all the criminal acts that have been played in my case. This upcoming filing I think I have it right. Prior to this I did file a recuse on the court appointed attorney and it was denied. They suspended my visititation upon my arrival. I was never served therefor I was not at that hearing. The proof of service is not on file either. I live 2000 miles away and have been back to California 7 times not once being heard in court, Can anyone help me out and or point to the right case law. |
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#2
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| Why has it taken you FIVE years to try to do something about this? You need an attorney. Before you say you "can't afford" one...remember, you've had 5 years to save up!
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! ![]() Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#3
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Fraud on the CourtThats an interesting reply! First, even though I knew it was wrong when it all happened, I had no idea that it was considered fraud on the court. I have since learned by researching and obtaining the transcripts and know for sure that is fraud on the court. Second, I had to have 13 surgeries in 18 months and in between those surgeries over the last five years I've made (7) attempts that cost approximately $2,000 or more each trip and could never get heard in court. With that said I did hire an attorney, however she never returned calls, never gave me an attorney client agreement, never gave me a bill or filed anything in my case! (Remember I live 2,000 miles away) My bad, for trusting an attorney would do right. I later found out she was going through her own High Conflict Divorce, therefore my case was left by the wayside, SHE DID NOTHING! I never recieved my money back, a bill or reciept despite my many requests for anything from her. I do have a reciept for the money I paid from my own records. I have made a complaint with the Bar association and I'm awaiting. With that said I have spent thousands that, yes I saved up. I have saved again and I am filing, I am in Pro Se again. No attorney will take my case for less than $6,000 up front and no I do not have $6,000 + the $2,000 it will cost again to travel there. I also PAY child support every month faithfully. However, If I got my money back from the attorney who did nothing then I would have the full retainer amount again. Another issue there is a good ol'e boy system in this small county in California, who will go after an attorney in their own home town for fraud on the court? No one I can tell you! I have tried finding them. I haven't given up on that factor and I am currently searching outside the area. My question might not have been clear enough, so I appologize. I am filing yet again to regain contact with my children this will the 8th time. I wanted to bring up these issues that I have learned are fraudulant, as well as to make sure I file properly and the proper points and authorities and if there is another direction I should head in. My main objective of course is to obtain contact with my children that have been wrongfully denied their mother. I feel like if I bring up these issues that took place and have a basis for the order to be void, it can atleast be entertained and acknowledged that it happened. If anything don't you think it would give me a basis for an appeal? My mistakes I can admit! Honestly I didn't even know I could file an appeal! Only within the last year have I really been working on teaching myself because I cannot come up with yet another $6,000 I was Pro Se and not only had my sons severe health issues on my plate but my own. So my ignorance is partly to blame but also circumstances. |
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#4
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| Make a report to the California State Bar. But, again, it's been 5 years...
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! ![]() Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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