Q: Do you think this is an example of a judge being biased and vouching for an individual involved in the case?
Everytime we go to court the other party gets what he wants.For example after our first mediation judge did not go with recommendation & told me,“99 percent of the time I go with mediator’s recommendation but this time I’m not going to”.He then says the other party has 3 other children he obviously knows how to be a father & gave overnight visits to an infant still breastfeeding.Time passes &I file an ex parte when the baby kept coming back with big unexplained scratches.Police were called, ex parte filed. Judge does nothing even after he sees pictures of the injuries.Mediation is set again we go to mediation, mediator calls scratches abuse then tells me I didn’t do enough to protect our baby even though I documented called police, filed a report,filed ex parte, & police called CPS, & still the other party cannot provide explanation.Mediator STILL recommends 2-2-3 BUT this time judge goes with recommendation & again says how other party has 3 other children & calls our baby a clutz.
A:
Under California law, judges are expected to remain impartial and base their decisions on the facts and law relevant to each case. A judge's deviation from a mediator's recommendation, by itself, does not necessarily indicate bias. Judges have discretion to make decisions they believe are in the best interests of the child, which may sometimes differ from the recommendations of mediators.
However, if you feel that the judge's decisions are consistently favoring one party without a clear legal or factual basis, and especially if there are remarks or actions that suggest personal bias, you may consider exploring options for addressing this concern. This can include speaking with your attorney about the possibility of filing a motion for the judge to recuse themselves due to perceived bias, or filing a complaint with the appropriate judicial oversight body.
It's important to document any instances where you believe bias is evident, including specific statements or actions by the judge. Your attorney can guide you on the best course of action based on the specifics of your situation and ensure that your concerns are appropriately addressed within the legal framework. Remember, each case is unique, and the course of action depends heavily on the specific details and context of the situation.
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