Out of Control Judge,
Part Tre...
(or as Paul Harvey would say..."and Now for the Rest of the story...")
So, when we left our story, the parent had won the severance trial because CPS had conceded that all of the experts testified that he had completed and benefitted from the services provided. The children were returned to him and you would think that it was "all's well that ends well" but.....no, not when CPS is involved. Suddenly, at the end of May 2013, the kids are re-removed and we are headed BACK to another severance trial. I am thinking, "what the F**k!". The allegations are that he has allowed the wack a doodle wife to be around the kids despite CPS instructions to the contrary and also, he has been allowing the girl child to sleep in the same bed as him. Oh dear God!! He has NOT benefitted from services.....(per CPS ideology). They file another severance petition and we are OFF again. We start the severance trial in August and we set several dates. Then the mother of the kids has surgery and is out for a while and we continue the trial several times. The trial resumes in January 2014 and we find out that the mother and father are living together and have been for several months. They don't think that this is a big deal DESPITE the fact that she is the MAIN reason why this case has taken SOOOOOO long because she is NOT compliant with services because she is addicted to pain meds, has mental health issues and is basically BAT-S**T crazy!! The father testifies several times as to his beliefs that CPS has F**ked him over (not necessarily untrue but he hasn't helped matters any) and then admits that they are living together and that he doesn't want a legal separation (despite the fact that he filed it to get CPS off his back and to get the kids back) and really believes that he and his wife can "work it out" and get the kids back!
Ok, so he doesn't live in the real world despite me telling him REPEATEDLY to ditch the wacky witch!
The final twist in this story is that she (the mother) asks to talk to the judge and ends up saying that the lawyer (hers) has betrayed the attorney client privilege and that her attorney is NOT running the case the way she wants it run...yes, you can guess it...the attorney for the mother ends up petitioning the judge to let her out on a Attorney-Client conflict of Interest (ethics problem). The judge is PISSED off (because we have been in trial for NINE months) but she has no choice as to the ethics issue so she does a Solomon thing (i.e. splits the baby) and severs the parents' trials. She allows the father's trial to continue and resets the mother's trial with a new attorney.
Well....S**T!!! Not that I was going to win WITH the mother but I sure as H**L ain't gonna win now. My client doesn't get it and isn't going to get it when we lose....sigh...


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