This case is not attorney's case, but it is quite involved, and the affected parent was struggling with
multiple counties (and orders), CPS, errant claims by other parent (all unjustified) and attorney herein got first hand account of the facts by the actual client/her attorney. While the errant parent (in yet a different county)-- is likely guilty of contempt--- that process takes a long time, and the offending party is appointed an attorney if he/she cannot afford one, since contempt is quasi-criminal.
Attorney herein was present when judge told offending party the rules for being appointed an attorney. In meantime, attorney herein helped the client's attorney to devise a concise but correct summary of what was required to get an order for RETURN of the children with police assistance.
The order requested was to get return of the kids ASAP with police assist. That order was granted, PLUS, judge also ordered that the offending party have NO VISITATION!! Not even supervised!!!
....on 9/7/17, the Father produced the kids back to Butte County-- as predicted by attorney herein.
As we know, an errant parent can listen to others
who may steer the parent incorrectly. However, when the offending parent goes out on a limb and makes ridiculous choices (hiding kids, pulling kids out of school, moving kids to unknown locations, lying about the whereabouts, using fake addresses, trying to alter the appearance of the kids, medicating kids so they can't talk to other parent,etc.) then we know that this type of behavior is not only WRONG --but it amounts to parental alienation, purposely done, so that the kids
believe they are helping the offending parent-- because it's right??!!
Manipulation of the legal system and using kids as pawns to achieve a parent's goals (as bad as those goals might be)-- will likely never amount to something that is right. It is nearly impossible to do something wrong to achieve something that is right in Family law-- although attorney has seen many years of people using this tactic.
As trial attorney, attorney herein has seen many, many civil actions go sideways; many family law cases go sideways because some attorneys actually do things which are pointless (but attorney gets paid to do it)...or even useless? In this case, the client's attorney was doing the right thing and just needed to make sure the judge would understand the pervasive nature of the offending party's actions---because we all know judges are very very busy, and ex parte orders must be concise and to the point. It is true, there is an art to being persuasive in writing, and in speaking for sure. Over time, an attorney can improve his or her skills, especially in the speaking area, since judge might read your documents, but not understand what you want. However if you work on the written wording so that your words jump from the page, it will just be that much easier for judge to give you what you are asking for?
We always can't have the winning case, but as defense counsel-- we should be able to circumvent most objections. If not, then we better make sure we have a plan which foresees the obstacles, and devise how to get around them. This requires a strategy. It takes time.
Attorney herein always has a strategy. Losing is never part of that plan. It helps if you really know your case and what you are doing.
Call attorney today if you are not winning your case! 530 359 8810.
